IN THE HIGH COURT OF HIMACHAL PRADESH, S.HIMLA Civil Writ Petition No.13109 of 2024 Date of Decision: 17.12.2025 ____________________________________________________._________________

Ranjan Kumar Gupta ……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

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For the Petitioner: Mr. Hamender Singh Chandel, Advocate.

For the Respondentus: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi oChauhan and Mr. Anish Banshtu, Deputy Advocates General, for State.

Mr. Anuj Bali, Advocate, for respondent No.3.

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Sandeep Sharma, J. (Oral)

Petitioner herein, who at present is working as Executive Engineer (Civil), HPPWD Division No.2, Bilaspur, is aggrieved of order dated 13.11.2024 (Annexure P-1), whereby he has been transferred from afore station to HPPWD CMU Division HPRIDC Bilaspur, against vacant post.

2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Hamender Singh Chandel, learned counsel representing the petitioner is that impugned transfer order is in violation of the Transfer Policy, formulated by the Government of Himachal Pradesh, because petitioner has not been permitted to complete his normal .tenure of posting at the present place of posting and his transfer has been effected on the basis of U.O. note, issued from the office of Hon’ble Minister of Public Works Department, whereby recommendation came to be made that Mr. Achhar Singh, private-respondent No.3, Assistant Engineer (Civil), HPPWD Sub-Division, Shri Naina Devi Ji, may be given charge of post of Execut ive Engineer (Civil), HPPWD Division No.2, Bilaspur, in additionr to his own duties.

3. Pursuant to notices issued in the instant proceedings, respondents/State as well as private-respondent No.3 have filed replies, Cperusal whereof though suggests that petitioner has been working as Executive Engineer (Civil), HPPWD Division No.2, Bilaspur, since 08.03.2024, but he has been shifted from one Division to ganother Division in public interest against vacant post.

i4. Vide order dated 18.11.2024, this Court, having taken note of grouse of the petitioner that he has been transferred solely with a view to accommodate the private-respondent No.3, who is otherwise not competent to be transferred against the post occupied by the petitioner on account of his being Assistant Engineer, directed parties to maintain status quo ante as it existed before the issuance of notification dated 13.11.2024. As a consequence of aforesaid order passed by this Court, petitioner herein is continuing to work as Executive Engineer (Civil), HPPWD Division No.2, Bilaspur.. To verify correctness of allegations levelled by petitioner with regard to issuance of U.O. note, this Court specifically directed learned Additional Advocate General to produce record.

5. Pursuant to afore direction issued by this Court, learned Additional Advocate General has produced record, perusal whereof reveals that request was receive d regarding transfer of petitioner from HPPWD Division No.2, Brilaspur to CMU Division HPRIDC, Bilaspur, against vacancy and giving charge of Executive Engineer (Civil), HPPWD Division No.2, Bilaspur to Mr. Achhar Singh, who is presently working Cas Assistant Engineer in HPPWD Shri Nanina Devi Ji, District Bilaspur and is likely to be promoted as Executive Engineer, from the office of Hon’ble Minister of Public Works Department. Taking note of gaforesaid request, Hon’ble Chief Minister approved the file on

12.11.2024, as a result thereof, vide order dated 13.11.2024, petitioner herein came to be transferred from one Division to another Division.

6. Though this Court having taken note of the fact that on account of passing of order dated 18.11.2024, petitioner herein can