Nidhi Walia vs State Of H.P And Others

Sureshwar Thakur, J

Earlier through institution of CWP No. 2821 of 2021, one Pawana Devi cast a challenge to the transfer order of 30.4.2021, wherethrough, she was

ordered to be transferred from GHS Nandehar (KGR) to GMS Rajol U/C GSSS Kotla (KGR), and, also through the afore transfer order, one Nidhi

Walia, the writ petitioner herein, was ordered to be transferred from GMS Rajol U/C GSSS Kotla (KGR) to GHS Nandehar (KGR). Obviously the

transfer order mandated the swapping of postings inter-se the petitioner herein and one Pawana Devi. Upon CWP No. 2821 of 2021, decided on

6.5.2021, this Court had proceeded to make a direction upon the writ petitioner therein to make a representation before the authority concerned,

seeking therein hers posting at a suitable station. Further more, till the afore representation became decided by the respondent concerned, this Court

had ordered for maintaining, of, status quo qua the respective place(s) of posting(s) of the petitioner therein, and, of one Pawna Devi.

Even though, this Court, while making the afore direction in CWP No. 2821 of 2021, had prior thereto, and, therein(s) deemed it fit, to order that the

afore writ petition is not maintainable, primarily since the afore Pawana Devi, had already completed her normal tenure at the station concerned.

Though the afore does acquire conspicuous importance. However, since this Court on 6.5.2021, upon, making a decision upon CWP No. 2821 of 2021,

had rather yet directed the respondents to maintain status quo in so far as the respective place(s) of postings, as made, through the common transfer

order, upon, one Nidhi Walia, and, one Pawana Devi, thereupon the nuance thereof is to be fathomed. The import of the apposite order of status quo,

is but candid and enjoined the respondents concerned to only after ensuring that either Pawna Devi or the petitioner herein on 6.5.2021, had become

relieved or had joined from/at the station(s) concerned, to hence ensure that either becomes not disturbed therefrom. However, since on 4.5.2021,

hence prior to the making of Annexure P-3, by this Court, one Nidhi Walia, present petitioner, had joined her duties at GHC Nadehar Kangra, H.P,

thereupon, the afore status as was existing prior to the making of an order on 6.5.2021 by this Court upon CWP No. 2821 of 2021 in as much as, on,

5.5.2021 or on 6.5.2021 hence was enjoined to be maintained, and importantly till the representation of the afore Pawana Devi, came to be decided, by

the respondents concerned. However, through Annexure P-4 made on 7.5.2021, rather the afore import, as, carried by the order made on 6.5.2021

upon CWP No. 2821 of 2021, has been denuded. The afore has to be undone. Consequently, the respondents are directed to within a period of five

days, make a decision on the representation filed by Pawana Devi. However, as afore-stated since this Court on 6.5.2021 had ordered that status quo

as on 6.5.2021, is to be maintained, hence the status as validly existed a day prior thereto, is enjoined to be maintained.

In sequel, for doing the completest justice, the respondents concerned are directed to make a decision rather within 5 days, on the representation

filed by Pawana Devi, and, to also forthwith permit the petitioner herein to perform her duties at GHS Nandehar (KGR), and, her salary be disbursed

from the station concerned. Ms. Pawana Devi after a decision being made on her representation, be forthwith relieved from the station(s) concerned,

however, her salary appertaining to the afore interregnum shall be released from the station concerned.

In view of the above, the present petition stands disposed of alongwith all pending applications.

Copy dasti.