Sanjeev Kumar vs State of H.P. and Others

Kurian Joseph, C.J.—The petitioner is aggrieved since he is transferred even before completing six months as Resident Doctor in the Department of Urology, IGMC, Shimla. A similar issue was considered by this Court leading to judgment in CWP No. 5862 of 2010, the text of the judgment reads as follows:

According to the writ petitioners, once they have been engaged as Resident Doctors, they have to work for a minimum period of six months since they have also signed contract for six months. There is also a case that even otherwise they can be continued for a period of three years as well. The learned Advocate General has furnished instructions, dated 21.9.2010, from the Government, which reads as follows:

I am directed to refer to the subject cited above and to say that the present petitioner has been transferred from Indira Gandhi Medical College, Shimla to Civil Hospital, Jubbal, Distt. Shimla vide Notification dated 14.9.2010. At present the petitioner is working as Resident Doctor under the H.P. Medical Education Department and is posted at Indira Gandhi Medical College, Shimla. It is submitted here that the establishment of the Doctors in the Health Department is dealt with at the Secretariat level to ensure that doctors are available in the field throughout the State.

So far as appointing of Resident doctors in Medical Colleges is concerned the same is done by the Principals of the Medical Colleges after obtaining No Objection Certificate from the Director Health Services. However, it is the responsibility of the State Government to ensure that sufficient adequate number of Health Officers are available throughout the State and as such keeping in view this fact and the fact that there is an acute shortage of Medical Officers throughout the State, the State government has passed the impugned order

Apparently, this whole confusion has occurred owing to the communication gap and on account of improper coordination between the various departments/ agencies. Be that as it may, now the petitioners are entitled to have a minimum tenure of six months and since their services are required at IGMC, Shimla, we dispose of the aforesaid petitions making it clear that at least for a period of six months, the petitioners shall not be disturbed from the present posting as Resident Doctors.

The petitioner being similarly situated, this case is also disposed of making it clear that the petitioner shall not be transferred before completing his period of contract of six months, if not extended thereafter.