Rita Bharwal vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition has been filed with following prayers:

(i) That to quash the notification No. Health-A-B(6)9/2010 (Gen. Trf.), dated Shimla-2, the 25th May, 2010, thereby ordering the transfer of the petitioner from the Regional Hospital, Una to Civil Hospital, Dehra, District Kangra, against the transfer policy of the State of H.P. with ulterior motive being illegally, inoperative, ineffective, null and void and having no binding effect on the rights of the petitioner, annexed as Annexure-1.

(ii) That to quash the orders, passed vide Office Order, dated 8.7.2010, by the Senior Medical Officer in Charge, Regional Hospital Una, H.P., whereby the petitioner 9has been relieved in absentia without any transfer orders/TTA/ No Dues Certificate and without taking the charge from the petitioner vide Annexure P-6 and could not join the place of posting as yet in view of this.

On 25th August 2010, we passed the following order:

Learned Sr. Addl. Advocate General submits that the petitioner has been transferred in view of her longer stay at Una. The Writ Petitioner who is present before us submits that in view of the District Masters Training imparted to her, she is expected to work at the District Headquarters for a minimum period of 3 years, which is one of the requirements of the training. Therefore, there will be a direction to the respondents to consider whether any other Gynecologist can be sent to Dehra. Post on 22.9.2010. Interim order will continue.

Since, no other doctor has been posted to the place of the petitioner at Una, it will be open to her to join back at Una, till the government takes a decision, as above.

It appears the government has not taken any decision so far, therefore, this writ petition is disposed of making it clear that till the government takes a decision, adverting to the submissions made in the interim order, as extracted above, the petitioner shall be permitted to continue at Una. In case the petitioner has not been paid her due and admissible salary, the same shall be paid to her within three weeks from the date of production of a copy of this Judgment alongwith a copy of writ petition.