JANAK SINGH RANA Vs. HPSEB LIMITED

JUDGEMENT

(1.) HEARD counsel for the parties. Rule.

(2.) RULE made returnable forthwith by consent. Counsel for the respective respondents waive notice. As short question is involved, petition is taken up for final disposal forthwith by consent.

(3.) THE principal ground, on which the transfer order has been challenged, is that the same is in breach of the transfer policy of the respondentCompany. As per Clause 17 of the said policy, normally an officer cannot be transferred from a station until and unless he completes minimum three years of service. Indeed, that condition may not apply if the transfer was necessitated due to administrative ground or on request of employee on medical ground. The other clause of the policy, which is relevant and has been pressed into service by the petitioner, is Clause 10. It predicates that the officers likely to retire within two years, efforts should be made to give them postings in the areas as convenient as possible subject to vacancy. The grievance of the petitioner is that, these criterion specified in the policy are observed in breach by the respondentsCompany.