Harpal Singh Bhagta vs State Of Himachal Pradesh And Others

Sabina, J

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:-

“i) Issue a writ of certiorari to quash Annexure P-4 i.e. impugned office order dated 8.4.2022 thereby directing the respondents to allow the petitioner to discharge his duty as Veterinary Pharmacist at Veterinary Dispensary Karasa, Shimla till his retirement which is due in the month of December, 2023.

ii) That in alternative that the respondent No.2 may kindly be directed to post the petitioner against clear cut vacancy of Veterinary Pharmacist at Veterinary Dispensary Melthi, Tehsil Rohru, District Shimla (by taking into consideration the medical illness and retirement age of the petitioner in mind).

iii) That the respondents may kindly be directed to extent the mandate of the right of the person with disability Act, 2016 to the petitioner who is person with bench mark disability and is entitled to get the protection flowing from Section 20 and 22 of the ibid Act.”

During the course of arguments, learned counsel for the petitioner has submitted that he restricts his argument, vis-à-vis relief No. (ii), sought by the petitioner. Learned counsel has further submitted that the petitioner is due to retire on December, 2023. As per Clause 5.5 of the Transfer Policy, in case Class-III officials, who are likely to retire within two years, as far as possible, should be posted at convenient places/stations, subject to vacancies. He further submits that petitioner is suffering from permanent disability to the extent of 50% and vacancy of Veterinary Pharmacist is available at Veterinary Dispensary, Melthi, Tehsil Rohru, District Shimla. Respondent No.2 be directed to consider the case of petitioner for his transfer to Veterinary Dispensary Melthi, Tehsil Rohru, District Shimla or for his retention at his present place of posting, in view of his disability and the fact that he is due to retire within two years.

Accordingly, without adverting to the merits of the case, this petition is disposed of with a direction that in case petitioner moves a representation to respondent No.2 for redressal of his grievances, within one week from today, then respondent No.2 shall dispose of the same sympathetically, within two weeks thereafter.

Till the disposal of the representation, being moved by the petitioner, the petitioner be not compelled to join at the new place of posting, in terms of Order dated 8.4.2022 (Annexure P-4).

Pending applications, if any, also stand disposed of.