Rekha Devi vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

i) That the impugned transfer order dated 8.4.2011, Annexure P-6 and relieving order dated 8.4.2011, Annexure P-7 may kindly be quashed and set aside, being harsh, unjust, illegal and against all cannons of law and principles of natural justice.

ii) That the Respondents may kindly be directed to allow the Petitioner to continue her duties at Cardiology Department in view of her specialized training in the same.

We find that two representations, one at the instance of the Petitioner and the other at the instance of the husband of the Petitioner are pending consideration before the second Respondent. In that view of the matter, we do not think it necessary to refer to the various factual matrix. There will be a direction to the second Respondent to look into the representations, advert to the submissions made therein and take appropriate action in accordance with law and justice in the matter. This shall be done within two weeks from the date of production of the copy of this judgment alongwith a copy of the Writ Petition by the Petitioner, before the second Respondent.

We are informed that the Petitioner has already been relieved. We make it clear that in case the service of the Petitioner is required in the meanwhile at IGMC, Shimla, it will be open to the second Respondent to make arrangements to re-engage the Petitioner, subject to the decision to be taken by the Director. We also make it clear that it will be open to the Petitioner to avail leave of the kind due during the said period and she may not be compelled to join the transferred station.

The writ petition is disposed of, so also the pending application (s), if any.