Dr. Pankaj Pathania vs State Of H.P

L. Narayana Swamy, CJ

By way of this writ petition, the petitioner, who is working as Medical Officer (contract basis), has challenged the transfer order dated 28.11.2020,

(Annexure P-2), hereinafter referred to as ‘the impugned order’, whereby the petitioner has been transferred from Primary Health Centre

Bhota, District Hamirpur to Primary Health Centre, Swarghat, District Bilaspur.

The case of the petitioner is that he was appointed on contract basis as Medical Officer and vide impugned order (Annexure P-2), he has been

transferred from Primary Health Centre Bhota, District Hamirpur to Primary Health Centre, Swarghat, District Bilaspur.

Learned Counsel for the petitioner submits that the transfer of the petitioner has been effected in violation of the terms and conditions of the

Agreement dated 27.11.2019 (Annexure P-1), which was entered into between the petitioner and the respondent-State. He further submits that as per

Clause 13 of the Agreement, the offer of appointment on contract basis is specifically valid for the station of posting of the petitioner shown in his

appointment letter and he shall not be transferable to any station up to a period of five years from the date of joining in the event of extension of

contractual period on year to year basis. He further submits that the transfer policy of the State Government is not applicable to the petitioner as he

has been appointed on contract basis. He further submits that even the order dated 09.11.2020, passed in CWPIL No. 4/2020, is not applicable to the

petitioner, wherein directions were given to the State Government to take immediate steps to rationalize the staffing pattern in the PHCs as per the

2016 Guidelines and after such rationalization, if some staff is found surplus/left, then they should be adjusted/posted in the CHCs, as he was appointed

on contract basis. He further submits that vide impugned transfer order (Annmexure P-2), 67 persons have been transferred, out of which, the

transfers of three persons were cancelled, which shows that the State Government is favourable to some persons. He prays that the impugned

transfer order may be quashed and set aside.

Learned Senior Additional Advocate General appearing on behalf of the respondent submits that the transfer of the petitioner has been effected in

compliance to the directions contained in the order dated 09.11.2020, passed in CWPIL No. 4/2020, wherein directions were given to the State

Government to take immediate steps to rationalize the staffing pattern in the PHCs as per the 2016 Guidelines and after such rationalization, if some

staff is found surplus/left, then they should be adjusted/posted in the CHCs.

We have heard learned Counsel for the parties and perused the entire record carefully.

Perusal of the record reveals that the petitioner has been appointed as Medical Officer on contract basis. No doubt, as per Clause 13 of the

Agreement (Annexure P-1), the contract of the petitioner has to be renewed year to year basis and the petitioner was not required to be transferred to

any station up to a period of five years from the date of joining in the event of extension of contractual period on year to year basis. This Clause is

mandatory in general interest, but the same is not mandatory in particular interest, especially when there is covid situation in the entire country. The

transfer of the petitioner has been effected in covid situation in compliance to the directions contained in the order dated 09.11.2020, passed in CWPIL

No. 4/2020, wherein directions were given to the State Government that if some staff is found surplus/left, then they should be adjusted/posted in the

CHCs. Thus, the impugned transfer order has been passed by the respondent-State in compliance to the order passed by this Court. The submission of

the learned Counsel for the petitioner that the State Government is favouring some person, does not find force as the transfer orders of some persons

have been modified, who have approached the respondent in extreme circumstances.

Under these circumstances, we deem it appropriate to dispose of this writ petition, by directing the petitioner to join at the transferred station.

Hence, we see no reason to interfere with the impugned order.

The writ petition is accordingly disposed of, as indicated hereinabove alongwith pending application(s), if any.