Lata Kumari vs State Of Himachal Pradesh And Another

Tarlok Singh Chauhan, J

Notice. Mr. Ramakant Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

The instant petition has been filed for grant of the following substantive reliefs:

“(i) That the act of the respondent No.2 in not considering and deciding the representation (Annexure P/3) and in ignoring the request of the petitioner for her transfer from Super Speciality Hospital Chamyana, Shimla may kindly be declared unconstitutional, discriminatory, arbitrary, unreasonable, contrary to the provisions of law, unjustified and unsustainable in the eyes of law.

(ii) That the respondent No.2 may further be directed to consider and decide the representation (Annexure- P/3) of the petitioner, submitted on 24-2-2023, on merits as requested in the representation in view of the submissions made hereinabove in the writ petition.

Or

(iii) That the respondents/respondent No.2 may kindly be directed to order the petitioner to be transferred forthwith from Super Speciality Hospital Chamyana (Shimla) to Civil Hospital Bhoranj, District Hamirpur or Community Health Centre Bharari, District Bilaspur against equivalent or higher post on the analogy of the Ward Sisters transferred and posted vide Corrigendum dated 14-10-2022 (Annexure-P/4), order dated 24–2-2023 (Annexure-P/5) and order dated 1-2-2023 (Annexure-P/6).

In alternative, the respondents may please be directed to transfer the petitioner from Super Speciality Hospital Chamyana (Shimla) to Civil Hospital Sarkaghat against vacancy.”

It is only on 14.10.2022 that the petitioner was promoted to the post of Ward Sister and ordered to be posted at Super Speciality Hospital, Chamyana, District Shimla.

We really see no reason why the petitioner should have approached this Court that too after availing of promotion which is barely five months back and then filed the instant petition.

It is not in dispute that hospital at Chamyana is a Super Speciality Hospital and, therefore, the same cannot be a non-starter only because of the staff being posted there is reluctant to join.

In the given facts and circumstances, we see no reason to interfere with the transfer order. Accordingly, the instant petition is dismissed, so also the pending application(s), if any.