IMPORTANT POINT
An employee has the right to seek consideration and redressal from the appropriate authorities in case of hardships or adverse circumstances, and the court may permit the employee to make a representation and direct the authority to consider and pass appropriate orders.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the order(s) intended to be passed herein.

3. The petitioner, has filed the instant writ petition, with the following prayer(s):-

a) That a writ in the nature of certiorari may kindly be issued and impugned order dated 26.2.2024 i.e. Annexure P-4 may kindly be quashed and set aside qua the petitioner, in view of the petitioner’s stay for about 11 months time (w.e.f 29.03.2023, Annexure P-2) at the present place of posting, when the private respondent has got 03 transfer orders in his favour within 01 years 05 months time, and also in view of medical ailments and continuous regular treatment of petitioner’s mother (aged about 85 years) of Solan/parwanoo, in the interest of law and justice.

b) That a writ in the nature of mandamus may kindly be issued directing the respondents to allow the petitioner to continue as Assistant Engineer at HPPWD Sub-Division Solan, when he has not completed his normal tenure w.e.f. 29th March 2023 (Annexure P-2), when there is complete ban on transfer and the stay of the private respondent is also 01 months in the ENC office shimla, in the interest of law and justice.

c) That the respondents may be directed to cancel the order dated 26.02.2024 Annexure P-4 qua the petitioner after calling for the reply/record of impugned transfer and noting, in the interest of law and justice.”

4. In the background of the prayer so made, the case set up by the learned counsel for the petitioner is that the petitioner is holding the charge of the post of Assistant Engineer (Civil), on the basis of orders dated 29.03.2023, Annexure P-2,. While holding the additional charge, the case records reveal that as per Notification dated 23.01.2024, Annexure P-3, the petitioner was permitted as Assistant Engineer, on regular basis also and he continues to serve in Himachal Pradesh Public Works Department, Sub Division at Solan.

5. Now, the petitioner has assailed the Notification dated 26.2.2023, Annexure P-4, transferring the petitioner as Assistant Engineer (Civil) from HPPWD Sub Division Solan to EO, HPPWD 12th Circle Nahan.

6. Without going into the merits of the case, learned counsel for the petitioner, at the very outset, fairly submits that the petitioner has certain hardships and adversial family circumstances, which are required to be looked into by the administrative authorities.

7. This Court is of conscious of the limits of judicial review and interference ignoring the transfer of employees. This case, is an exception to the aforesaid Principle and Mandate of Law for the reason that, in case, an employee has any hardships or adversial circumstances then, the aforesaid employee has a right to seek consideration and redressal thereof from the appropriate authorities. This principle of law has been reiterated by the Hon’ble Supreme Court in Shilpi Bose (Mrs.) and others versus State of Bihar and others, 1991 Supp (2) SCC 659 and State of U.P. and others versus Gobardhan Lal, (2004) 11 SCC 402.

8. In the entirety of facts and circumstances referred to above, this Court, permits the petitioner to make a representation to the Respondent No.1-Principal Secretary (PW), to the Government of Himachal Pradesh, Shimla, within three days from today; with further directions to the aforesaid respondent to consider/examine the aforesaid representation and to pass appropriate orders in the matter within five days.

9. Since the petitioner is Class-I Officer, who does not comes in the ambit of Clause 10 of the existing Transfer Policy, therefore, this Court is not inclined to stay the operation of the transfer orders dated 26.02.2024, Annexure P-4.

10. However, it is clarified that the respondents shall not compel the petitioner to join the transferred station, till the decision of