CWP No. 2105 of 2008 28.7.2009 Present: Ms. Ranjana Parmar, counsel for the petitioner. Mr. R.K.Bawa, Advocate General, with Mr. J.K.Verma, Deputy Advocate General, for the State. Heard learned counsel for the parties. In the present case, the writ petitioner has challenged the order dated 3.3.2008, passed by the Principal Secretary (Horticulture) to the Government of Himachal Pradesh, whereby the petitioner, while working as a Horticulture Development Officer at Plant Protection Centre, Kotkhai, District Shimla was transferred to Development Block Tissa, District Chamba, Himachal Pradesh. The petitioner had filed an Original Application No. 459 of 2008 before the Erstwhile H.P. State Administrative Tribunal, whereby vide order dated 7th March, 208, the learned tribunal while issuing notices, has directed to maintain status quo regarding implementation of the order dated 3.3.2008, Annexure P-6. Learned counsel for the petitioner has submitted that the petitioner has completed 3 years of service at Plant Protection Centre, Kotkhai, District Shimla, H.P. However, at a subsequent stage i.e. after filing of the Original Application, the petitioner has met with an accident and had gone under medical treatment and was advised not to move to the long and advised not to travel. In our considered view, such aspect cannot be looked into by this court at present. The learned Advocate General has submitted that since the petitioner has completed 3 years at the Plant Protection Centre, Kotkhai, as such he could have been transferred in the public interest and that he has no right to remain there after having completed 3 years and is to be posted at a new place of posting. Keeping in view the facts and circumstances of the case, we are disposing of the present writ petition by saying that if the petitioner, so advised, files a representation by highlighting his present health condition in the prevailing facts and circumstances alongwith the supporting documents and certified copy of this order to the Principal Secretary (Horticulture), Government of Himachal Pradesh, within 3 days, then the latter one shall consider the case of the petitioner sympathetically on the merits of the case and shall dispose of the same within two weeks from today by a speaking and reasoned order, keeping in view the prevailing norms and the claim of the petitioner in consonance to the provisions of law. Without expressing anything on the merits of the case, we have disposed of this writ petition with the above observations and till the disposal of the representation, the petitioner shall not be disturbed from the present place of posting. Subsequent place of posting shall be subject to the outcome of the decision to be taken by the Principal Secretary (Horticulture) to the Government of Himachal Pradesh, on the representation, so submitted by the petitioner. Copy dasti. ( R. B. Misra ), J. July 28, 2009(K) ( Kuldip Singh ), J.