Dr. Mohinder Thakur vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Notice. Mr. Anil Jaswal, learned Additional Advocate General, waives service of notice for respondents No. 1 to 3. In view of the nature of the

order being passed hereinafter, neither any notice is required to be issued to respondents No. 4 and 5 nor any reply is necessary.

The petitioner is aggrieved by the notification issued on 21.5.2021, whereby he was transferred from Sub Divisional Veterinary Hospital (SDVH),

Rohru, District Shimla to SDVH, Dodra Kawar, District Shimla. Respondent No. 4 was brought in place of the petitioner from Sub Divisional

Veterinary Hospital, Nalagarh, District Solan.

Learned counsel for the petitioner states that the petitioner was placed as Senior Veterinary Officer vide notification dated 01.09.2020. On such

placement, petitioner was transferred and posted at SDVH, Rohru, District Shimla. At present, he has just completed around 8 and ½ months

service at SDVH, Rohru, therefore, he should be allowed to complete his normal tenure at this place. It was also argued that the petitioner was posted

at SDVH, Rohru on 01.09.2020, considering his health grounds as he had suffered multiple fractures and dislocation of hip joint while he was on

emergency duty. It was also submitted that because of these subsisting medical problems, it will be difficult for the petitioner to serve at Dodra

Kawar, which is a hard and difficult area.

It is seen from the record that a representation against his transfer to SDVH, Dodra Kawar was preferred by the petitioner with the competent

authority, which is still stated to be under consideration. Learned counsel for the petitioner also submitted that till date the impugned transfer

notification dated 21.5.2021 has not been given effect to vis-a-vis the petitioner and respondent No. 4.

Taking note of the submissions made and the grounds urged by the petitioner for challenging his transfer to Dodra Kawar, Distt. Shimla, it will be

appropriate to dispose of this writ petition by directing the competent authority to decide the representation (Annexure P-6), preferred by the

petitioner, within a period of three weeks from today. While taking the decision, the petitioner as well as respondent No. 4 and any other affected

officer be also given hearing, if they so desire. Ordered accordingly.

Till such decision, the operation of notification dated 21.5.2021 (Annexure P-5) in respect of petitioner and respondent No. 4 shall remain stayed.

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

Copy Dasti.