Dr. Ajay Mahajan vs State of H.P. and Others

V.K. Ahuja, J.—The Petitioner who was posted as SDAMO in Ayurvedic Hospital, Nalagarh to Rajgarh Ayurvedic Hospital to adjust the private Respondent. The stay of the Petitioner at Nalagarh was only for a period of one year and three months. His grievance is that he has been transferred without completing his normal tenure and that his children are studying at Nalagarh and, therefore, the transfer order may be quashed. Considering the prayers made by the Petitioner in regard to the studies of his children, the impugned order is stayed till 30.4.2011 and in the meanwhile, Respondent No. 1 shall reconsider his case of short stay and adjust at a place and such order shall be passed by Respondent No. 2 after hearing the Petitioner as well as Respondent No. 4. Till then, the impugned order is stayed. Respondent No. 4 is stated to be working at Rajgarh in view of the order. He shall continue to work at Rajgarh till 30.4.2011. Learned Counsel for Respondent No. 4 submits that the post is likely to fall vacant at Amb, District Una on 31.1.2011. Respondent No. 4 may make a representation to Respondent No. 1 to consider his case sympathetically. The department is at a liberty to pass an order after considering the case of Respondent No. 4.

With these observations, the writ petition stands disposed of, so also the pending application(s), if any.