High CourtsDivision Bench

Vivek Kumar vs State Of Himachal Pradesh And Another

High Court Of Himachal Pradesh · Decided on 6 May 2021 · Citation: (2021) 05 SHI CK 0057

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2131 Of 2021
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Judgment

17 paragraphs · 325 words

Anoop Chitkara, J

1.

The petitioner, who is working as a Medical Officer at Community Health Centre Holi, Block Bharmour, District Chamba, has come up before this

Court seeking his transfer from Hard/Difficult area to one of the stations of his choice, as per clause 16.1 of the Comprehensive Guiding Principles-

2013, issued by the State Government, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/ Tribal/Hard areas shall be

two winters and three summers. In this regard, the petitioner has already made representation dated 15.2.2021 (Annexure P-3), which is still pending

before the concerned authority.

2.

Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General, appears and accepts service of notice on behalf of the respondents/State.

3.

In view of the nature of the order, we propose to pass, no response is required from the respondents.

4.

Consequently, this petition is disposed of with liberty to the petitioner to make fresh representation to the respondent/ authorities concerned giving

five stations of his choice, which must be spread in more than one District, within three months from today, in the light of clause 16.1 read with clause

16.5 of the Transfer Policy. On receipt of such representation, the respondent/authorities shall decide the representation of the petitioner, in the light of

the Transfer Policy occupying the field, within two weeks thereafter. It is clarified that while deciding the representation of the petitioner, the

respondents shall consider the stations of choice of the petitioner as mentioned in his representation, subject to the condition that the incumbents posted

there have completed their normal tenure of posting, in accordance with the Transfer Policy. In case none of them have completed the normal tenure

then the office of the respondent/authorities shall get in touch with the petitioner apprising him of vacant stations where the incumbents have

completed their normal tenure and the possible places where the petitioner can be posted.

Pending application(s), if any, are closed.