High CourtsDivision Bench(2020) 06 SHI CK 0061

Dr. Amita vs State Of Himachal Pradesh And Another

High Court Of Himachal Pradesh · Decided on 11 June 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1675 Of 2020

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 254 words

Anoop Chitkara, J

1.

The petitioner, who was appointed as a Medical Officer (Dental), vide notification dated 22.9.2017, initially at ESI Hospital Darlaghat Solan, later on, vide notification dated 6.10.2017 adjusted at Kanaid, Primary Health Centre (PHC), Mandi, the present place of posting, has come up before this Court, seeking quashing of impugned transfer order dated 4.6.2020, transferring her to Dehar, Civil Hospital (CHC), Mandi, which is allegedly at a distance of more than 30 Kilometers from the current place of posting, on the ground that it is in violation of Clause 7 of "Comprehensive Guiding Principles-2013" for regulating the transfer of State Government employees, which stipulates that the contractual employees shall be eligible to be transferred only after completion of three years of service.

2.

Mr. Ajay Vaidya, learned Senior Additional Advocate General, does not dispute the fact of her not completing three years of service at the current place of posting, as a contractual employee. Even, learned counsel for private respondent No.2 does not dispute this fact.

3.

Given above, we are disposing of this petition, by directing that the impugned transfer order dated 4.6.2020 shall remain in abeyance till 6.10.2020, on which date, the petitioner completes three years of her tenure and on 7.10.2020, she shall automatically stand relieved from the current place of posting i.e. Kanaid, Primary Health Centre (PHC), Mandi. This order is being passed given the lock-down consequent to COVID-19 Pandemic and it shall not be cited as a precedent.

Pending application(s), if any, also stand disposed of.