Subhash Chande vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Notice. Mr. Sumit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

With the consent of learned counsel for the parties, the matter is heard at this stage.

The petitioner is serving as Health Educator. His grievance is to the office order dated 31.08.2023, which transfers him from R.H. Reckong Peo, District Kinnaur to the office of Chief Medical Officer Mandi, District Mandi, against vacancy on administrative grounds.

Learned counsel for the petitioner submits that the petitioner had joined his present place of posting, a tribal /hard area in December 2021. He has just completed about one year and nine months there. The petitioner has not completed his normal tenure at the present place of posting. It was further submitted that the petitioner is left with one year and five months to superannuate. Learned counsel for the petitioner submitted that the respondents did not even comply with Clause 16 of the Transfer Policy that mandates giving options to the incumbent posted at tribal areas for their transfers/adjustments.

Learned counsel for the petitioner submitted that the petitioner shall be content in case he is permitted to represent to respondent No.2 /competent authority for allowing him to continue at the present place of posting in view of his impending retirement or in the alternative, for adjustment to a place of his choice as per Clause 16 of the Transfer Policy, also keeping in view Clause 5.4 of the Transfer Policy taking into consideration that his wife Smt. Kunti Kumair, petitioner in CWP No.6595 of 2023 is also working as Female Health Worker in the respondent Health Department, whereafter competent authority be directed to decide the same within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer.

In view of the above submissions, this writ petition is disposed of by permitting the petitioner to make a representation to respondent No.2/competent authority within two weeks from today, which shall be considered and decided by respondent No.2/competent authority in accordance with law and applicable policy, within a period of two weeks thereafter. The decision so arrived at shall also be communicated to the petitioner. Till such time, operation of impugned transfer order dated 31.08.2023 (Annexure P-1) shall remain stayed.

Pending miscellaneous application(s), if any, also to stand disposed of.