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Judgment
Ajay Mohan Goel, J
CWPOA No. 13 of 2019
By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-
“I. To quash the orders dated 25th September, 2017 issued by Respondent No. 1 Annexure A-8, with further directions to respondent No. 1 to
consider the case of the applicant for adjustment/transfer to IGMC Shimla against the available vacancy of Assistant Professor Surgery in view of the
rotation policy dated 09.06.2016, as per Annexure A-1, for the reason that the applicant was adjusted/ transferred to DYSPGMC, Nahan, as a
designated Assistant Professor as measure of stop gap arrangement and was subsequently regularised on the same post.
II. To direct respondent No. 1 to post new incumbent on promotion as Assistant Professor Surgery at DYSPGMC, Nahan, being less experienced and
junior.â€
The case of the petitioner is that after being appointed as an Assistant Professor in the Department of General Surgery vide Notification/Office
Order dated 05.08.2016 (Annexure A-3) in Dr. Y.S. Parmar Government Medical College, Nahan, District Sirmaur, H.P., in terms of Notification
dated 09.06.2016 (Annexure A-1), he has a right to be posted at Indira Gandhi Medical College and Hospital, Shimla, on rotation basis for one year,
but despite said Notification being there in vogue, the benefit thereof is not being given to the petitioner. The petitioner has referred to the documents
appended with the petition as well as rejoinder and subsequent applications filed by him and has thus stated that he is being discriminated in the matter.
Mr. Ajay Vaidya, learned Senior Additional Advocate General submits that the petitioner is misreading Notification dated 09.06.2016, as simple
reading of the contents of said Notification would demonstrate that it is the faculty of the Indira Gandhi Medical College and Hospital, Shimla, which
on rotation basis, is to be sent to Dr. Y.S. Parmar Government Medical College, Nahan, for one year and not vice versa.
At this stage, Mr. B. Nandan Vashishta, learned Counsel for the petitioner submits that taking into consideration the peculiar family circumstances
of the petitioner, without going into the merit of the case, the petitioner be permitted to approach the authorities concerned with a direction to them to
consider his request of posting him at Shimla for some reasonable time.
Learned Senior Additional Advocate General submits that without prejudice to the contentions of the State, in case, any such representation is made
by the petitioner, then, the same shall be considered sympathetically by the authorities, as per law.
In this view of the matter, without touching the merit of the case, this petition is disposed of at this stage with permission to the petitioner to file a
detailed representation to the respondents vis-a-vis his adjustment at Shimla and in the event of any such representation being made by the petitioner
within a period of two weeks from today, decision on the same be taken sympathetically by the authorities concerned after giving an opportunity of
being heard to the petitioner. It is clarified that this Court had not made any observation on the merits of the case. It further clarified that
representation to be made by the petitioner be decided by the authorities concerned taking into consideration the administrative exigencies of Indira
Gandhi Medical College and Hospital, Shimla and Dr. Y.S. Parmar Government Medical College, Nahan, as well as peculiar problems being faced by
the petitioner.
With these observations, the writ petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
CWPOA No. 14 of 2020
In view of the disposal of CWPOA No. 13 of 2019, learned Counsel for the petitioner submits that this petition does not survives. Accordingly, this
petition is ordered to be closed.
COPCT No. 25 of 2019
In view of main petition, i.e. CWPOA No. 13 of 2019, having been disposed of, these contempt proceedings are dropped. Notice discharged.
Copy dasti.