Nirjala Walia vs State of H.P. and Others

Kurian Joseph, C.J.—Both the Petitioners are aggrieved since they are transferred to different stations. Both the Petitioners are female health workers. Former is aged 37 years and the latter is aged 56 years. Both have been working at Chambi. When the former was sought to be transferred to Ropri, she approached this Court in CWP No. 3148 of 2010, wherein the latter was also a party. On verification of the records, it 2 was found by the learned Single Judge that both of them had been managing to be around Chambi and hence it was observed that the Department is free to transfer both of them to any station. According to Nirjala Walia, the writ Petitioner in the former writ petition, she has been working at Chambi only since May, 2010. According to Kanta Sharma, the writ Petitioner in the latter writ petition, she is around Chambi and presently at Chambi on account of her seriously bad health condition. It is the common case of both the Petitioners that they happened to be transferred from Chambi to Ropri and to Teban, respectively only on account of the observations made in the judgment in CWP No. 3148 of 2010. On going through the observations in the judgment, it is fairly clear that both of them cannot be continued at Chambi, but it is the common case of both of them that in case the Director is given freedom to consider their respective grievances for accommodation in any of the nearer stations, the Director be in a position to take appropriate decision taking into account all relevant aspects including the age, health condition etc. Hence, these writ petitions are disposed of directing the Director to take appropriate action, after affording an opportunity of hearing to both the Petitioners, on all relevant aspects, some of which we have referred to above. The decision, as above, shall be taken within a period of two weeks from the date of production of a copy of this judgment by either of the Petitioners. The present arrangement regarding working at Chambi will continue till such time. It will also be open to either of the parties to continue on leave till the decision is taken, as above.

The writ petitions are disposed of, so also the pending applications, if any.