High CourtsDivision Bench(2020) 08 SHI CK 0265

Akanksha Gautam vs State Of H.P

High Court Of Himachal Pradesh · Decided on 6 August 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2657 Of 2020

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Judgment

13 paragraphs · 226 words

Anoop Chitkara, J

1.

The petitioner, who is working as a Medical Officer (PMIS Code- 27885), in Primary Health Centre Brangal, District Chamba, and is under

transfer to Regional Hospital Bilaspur, has come up before this Court seeking quashing of impugned Notification/Officer order, dated 20.07.2020

(Annexure P-1). As per clause 16.1 of the Comprehensive Guiding Principles-2013, of the transfer policy, applicable in the State of Himachal

Pradesh, which provides that the normal tenure of stay of posting in Most Difficult/Difficult/Tribal/ and the Hard areas shall be two winter and three

summers.]

2.

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

3.

Since the petitioner has been transferred from difficult/ hard area, that too without affording her due opportunity to opt for the stations of her choice,

therefore, we quash and set aside the impugned order of transfer, dated 20.07.2020 (Annexure P-1), qua the petitioner. Consequently, this petition is

disposed of with liberty to the petitioner to make fresh representation to the respondent mentioning therein the five stations of her choice, within one

week, in accordance with the transfer policy. On receipt of such representation, the respondent shall decide the same, in the light of the transfer policy

occupying the field, and pass appropriate orders, within two weeks. Pending application(s), if any, are closed.

Authenticated copy.