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High CourtsDivision Bench(2020) 09 SHI CK 0047

Sansar Chand vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 4 September 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3274 Of 2020

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Judgment

9 paragraphs · 329 words

L. Narayana Swamy, CJ

1.

The case of the petitioner, a Laboratory Technician, is that he has been transferred from CHC Kaza to CHC Namhol vide order, dated 23rd July, 2020 (Annexure P­2), but has not been relieved so far since no substitute has been provided by the respondents­State. He has, therefore, filed the instant writ petition seeking direction to the respondents to relieve the petitioner from CHC Kaza enabling him to join at the transferred station, i.e. CHC Namhol.

2.

The case of the respondents is that the substitute has not yet reported and till the time the substitute does not report, the petitioner cannot be relieved.

3.

At this stage, Mr. Ajay Vaidya, learned Senior Additional Advocate General, has produced a communication, dated 3rd September, 2020, made by Special Secretary (Health)­cum­Mission Director, NHM, Himachal Pradesh to him, in terms of which one Ms. Jatinder Kaur, Laboratory Technician, has been appointed at CHC Kaza, vide order, dated 24th July, 2020, but she has not joined till date.

4.

We have heard learned counsel for both the parties.

5.

The respondents have annexed a copy of appointment letter, dated 24th July, 2020 as Annexure R­1 alongwith communication, dated 3rd September, 2020, the perusal of which does disclose that said Ms. Jatinder Kaur has been offered the appointment as Laboratory Technician at CHC Kaza, which further provides that in case she does not report for joining on or before 7th August, 2020, the offer of appointment shall stand cancelled without further correspondence. The said period has been expired.

6.

In the facts and circumstances, when the order of transfer has been made, the respondents­State is duty bound to arrange for a substitute. The respondents are, therefore, directed to transfer a substitute to the place of the petitioner within a period of two weeks, i.e. on or before 18th September, 2020.

7.

The writ petition is disposed of in above terms, so also the pending miscellaneous applications, if any.

Copy dasti.