Shyamanand Shandil vs State of H.P. and Others

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order dated 4.6.2010 whereby he has been transferred from IGMC, Shimla to Civil Hospital, Rohru. The main grievance of the Petitioner is that previously, the Respondent No. 4 was transferred from IGMC, Shimla to Civil Hospital, Rohru but he managed to get his transfer cancelled and, therefore, the Petitioner has been transferred to his place.

The undisputed facts of the case are that the Petitioner has remained at IGMC, Shimla for the last 28 years. True it is that the Respondent No. 4 has also completed 29 years'' service at Shimla but both the Petitioner and the Respondent No. 4 are virtually in the same boat. In such a situation, when the State takes a decision to transfer one or the other person, this Court would normally not interfere in such a transfer especially when such transfer has been ordered to make good the shortage of staff at a hospital at Rohru where according to the Respondents, the para-medical staff is woefully lacking. Therefore, I find no merit in the petition which is accordingly rejected. No order as to costs.