Dr. Vishal Koundal vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

This is rather an unfortunate case where a doctor, who has been ordered to be posted at a Covid Make Shift Hospital, on deputation basis, has

instead of joining and protecting precious human lives, has filed the instant writ petition assailing the order of deputation.

The petitioner belongs to District Kangra and since 2015 is in the said District. Initially, the petitioner completed his Post Graduation from RPGMC,

Tanda, for the academic session 2015-2018.

Thereafter, in the year 2018, the petitioner was appointed as a Medical Officer (Anesthesia) at Civil Hospital, Dehra and vide notification dated

11.11.2020, was ordered to be transferred on deputation basis to Jawahar Lal Nehru Medical College and Hospital, Chamba. But, according to the

petitioner, the deputation order was cancelled on the basis of a representation made by him. Now, vide order dated 27.04.2021, the petitioner has been

ordered to be transferred on deputation basis to the Make Shift Hospital, Palakwah, District Una, H.P.

The only ground for assailing the order of deputation is that the petitioner in the year 2018 had met with an accident and remained hospitalized for a

period of five months. The petitioner suffered Lumber, Spine and Sacrum injuries in the said accident and would, therefore, be unable to serve at the

place of deputation.

We, however, find no merit in such contention as there is no contemporaneous records to show that the petitioner is in any manner incapacitated to

serve at the transferred station. If the petitioner is fit enough to render his services at Civil Hospital, Dehra, which incidentally, happens to be his

Home Tehsil, we see no reason why he cannot serve at the Covid Make Shift Hospital, Palakwah, District Una.

We gather an impression that the petitioner is trying to escape from duties and responsibilities that have now been assigned to him. We are quite

sure that the petitioner by claiming himself to be a front line worker against the fight of Covid-19 must have got himself vaccinated out of turn, but is

now shirking from his responsibility.

The petitioner has failed to realize that the health workers in over-crowded hospitals, the policemen and other front line workers are already beset

with overwhelming load of Covid-19 patients which is likely to worsen in future. These workers are exhausted from almost an year of restless fighting

against the pandemic. The State currently is fighting the grimmest battle against Covid-19 which is nothing short of a disaster culminating in mass

deaths and, therefore, it is imperative that the front line workers are made to work on rotation basis or else the health system is likely to collapse with

the sudden and drastic surge in Covid-19 cases.

A government servant is a holder of a status and that cannot be made depending on his will. Once, a person accepts the status as per rules, he no

longer remains a simple individual only, but an integral part of Governance and at times even in the face of the Government. In the garb of self-

unwillingness to serve, the petitioner cannot be permitted to shirk from his duties and responsibilities. This tendency has to be dealt and curbed with an

iron fist.

In view of the aforesaid discussion and for the reasons stated above, we find no merit in this petition and the same is accordingly dismissed in limine

along with pending applications, if any.