Hansa Kumari vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

Aggrieved by the order of transfer, the petitioner has filed the instant petition for the grant of following substantive reliefs:

(i) That writ of certiorari may kindly be issued quashing the impugned transfer order dated 09.10.2020 (Annexure PÂ3), since the impugned order has

been issued on the basis of D.O. Note to accommodate/favour the private respondent in place of petitioner out of the way in violation of the transfer

policy without taking into consideration that the petitioner has not completed her normal tenure of three years as per the transfer policy at the present

place of posting and her minor 5 years daughter and husband are under treatment from PGI, Chandigarh for serious illness and petitioner has also to

look after her old age motherÂ​inÂ​law and fatherÂ​inÂ​law.

(ii) That writ of mandamus may kindly be issued directing the respondents to allow the petitioner to continue to work at Community Health Centre,

Ratti, Tehsil Balh, District Mandi, H.P. in view of her critical family circumstances that her minor 5 years daughter and husband are under treatment

from PGI, Chandigarh for serious illness and petitioner has also to look after her old age motherÂ​inÂ​law and fatherÂ​inÂ​law.â€​

As per the pleaded case of the petitioner, she was appointed on contract basis in the year 2012 as Staff Nurse and posted at Community Health

Centre, Ratti, District Mandi, where she remained posted till the year, 2017. The services of the petitioner were regularised in December, 2017 and

she was ordered to be posted at Civil Hospital, Sunder Nagar, District Mandi. The petitioner thereafter was ordered to be posted at Civil Hospital,

Gohar, but she did not comply with the said order and got herself adjusted against vacancy at CHC, Ratti vide order dated 25.5.2018. As such, the

petitioner remained posted at CHC, Ratti again since 25.5.2018 till the date of the present transfer to Zonal Hospital, Mandi vice private respondent

No.4 as per order dated 09.10.2020 (impugned order).

Thus, it is clear that everÂsince her appointment, the petitioner has remained posted at CHC, Ratti from the year 2012 except for a brief period of

five months at Civil Hospital, Sunder Nagar, which is at a distance of about 15 Kms.

The orders of transfer has been assailed mainly on the ground that the same are not based on administrative exigency or public interest, but the

same have been effected solely on the basis of D.O. Note.

Based on the submissions of the petitioner, we requisitioned the records of the so called D.O. Note and find that even though there is a D.O. Note,

however, the transfer has not been made solely on the basis of D.O. Note. Rather the proposal has been examined by the administrative department

at different levels and it is only after applying its independent mind to the service particulars of the officials, more particularly, the incumbency at the

given station that the officials have been ordered to be transferred.

Therefore, in the given circumstances, we find no reason to interfere with the impugned transfer order and consequently, the instant petition is

ordered to be dismissed alongwith pending application(s) if any.