Nirmal Sood vs State of H.P. and Others

Kurian Joseph, C.J.

The writ petition is filed with the following prayers:

i) That the action of the Respondents in rendering the Petitioner without a posting since her relieving from HSC Karnathu on 20.5.2011 vide Annexure P-2 till day may kindly be directed to be treated as "compulsory waiting period with full pay and allowances forthwith.

ii) That the orders dated 23.5.2011 passed by the Respondent No. 4 vide Annexure P-4 refusing /rejecting the joining of the Petitioner at HSC Birta may kindly be quashed and set aside forthwith.

iii) That the orders dated 10.6.2011 vide Annexure P-6, issued by the Respondent No. 2 cancelling the adjustment given to the Petitioner at CHC Tiara vide Annexure P-5 may kindly be quashed and set-aside forthwith.

iv) That orders dated 13.6.2011 vide Annexure P-8, rejecting the rejoining of the Petitioner at HSC Birta rendering her without a posting may kindly to be quashed and set-aside forthwith.

v) That the action of the Respondents in retaining the Respondents 5 & 6 at HSC Birta and CHC Tiara despite having completed their normal tenures but in denying the joining and posting to the Petitioner at these places due to unequal and discriminatory application of norms may be held as illegal and the same may kindly be set-aside forthwith.

vi) That the Respondents may be directed to preferentially consider and give posting to the Petitioner against the vacant post of FHW in HSC Naushera or at HSC Sheila where incumbent had completed 7 years or at HSC Birta or Tiara or against incumbents who had completed more than 3 years within 25 kms in the vicinity of Dharamshala forthwith.

We find that Annexure P-9, representation, is pending consideration before the second Respondent. There will be a direction to the second Respondent to immediately look into the matter and take an appropriate action in accordance with law within a period of one week from the date of production of a copy of this judgment along with a copy of the writ petition by the Petitioner before the second Respondent. It is made clear that the period, from the date of relieving the Petitioner from the former Health Sub Centre till she actually joins duty in the transferred station in accordance with law, shall be treated as compulsory waiting period and she shall be entitled to all the service benefits for that period. In case, vacancy at Health Sub Centre, Naushera has not been filled-up as on today, further proceedings in that regard shall be deferred till the decision, as above, is taken on Annexure P-9.

With the above observations, the writ petition stands disposed of, so also the pending application(s), if any.

A duly authenticated copy of this judgment be supplied to the learned Counsel for the Petitioner.