Kirpal Singh vs State of Himachal Pradesh and Another

Justice Rajiv Sharma, Judge

Petitioner has assailed the transfer order dated 27.7.2011 whereby he has been transferred from the office of the Block Medical Officer, Dadasiba to H&FW Dte. Shimla. According to the petitioner, he suffers from 50% disability and his sister is also physically challenged to the extent of 50%. Petitioner has already made representation for the redressal of his grievance. We had passed the following order on 19.10.2011:

There will be a direction to the second respondent to ascertain whether any of the four Senior Assistants who are now serving at Una, are willing to be posted in Shimla, in which case, one of such incumbents shall transferred to Shimla and the petitioner can be posted at Una, in view of his health and other family circumstances. In the process, the Director of Health Services shall also ascertain the long stay of the officials at Una. Needful shall be done within a period of ten days. Post on 24th November, 2011.

In sequel thereto, learned Additional Advocated General, has placed on record copy of letter dated 22.11.2011. It is evident from the perusal of the letter dated 22.11.2011 that S/Sh. Hem Raj, Sudesh Kumar and Balram Singh have completed their normal tenure of three years.

Accordingly, the present petition is disposed of with direction to the 2nd respondent to consider the case of the petitioner for posting him at any one of the three places occupied by S/Sh. Hem Raj, Sudesh Kumar and Balram Singh. It is made clear that before passing any order, the 2nd respondent shall also hear the petitioner as well as S/Sh. Hem Raj, Sudesh Kumar and Balram Singh. Necessary orders be passed within two weeks after the production of certified copy of this judgment by the petitioner. Pending application(s), if any, also stands disposed of. No costs.