IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5964 of 2010 Decided on : 03.03.2.2011 Dr. Rakesh Mohan ..… Petitioner. Versus State of Himachal Pradesh and others …… Respondents Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Suneet Goel, Advocate. For the Respondents : Mr. J.S.Guleria, Asstt. Advocate General. V.K.Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 10(a) and (b):- “(a) That the notification dated 14.9.2010 i.e Annexure:P-6 qua the petitioner may kindly be quashed and set aside; (b) That the respondents may be directed to permit the eptitioenr to discharge his duties as Deputy Medical Superintendent at Dr. R.P. Govt. Medical College & Hospital, Tanda, District Kangra, H.P.” 2. The respondents have taken the following stand vide para 4 of their reply:- 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 “That in reply to this para it is submitted that the post of Medical Superindent at Dr. RPGMC Tanda was created on 21.3.2007 and since the hospital at Dr. RPGMC had to be made functional as such these posts were initially filled up from amongst the Medical Officers as temporary measure. It was in this background that the petitioner was posted from PHC Thona (Mandi) to Dr. RPGMC Tanda as medical Supdt. vide Notification dated 31.5.2008. However, his orders were modified on 3.6.2008 and he was designated as Deputy Medical Superintendent instead of Medical Superintendent for the reasons that there were other doctors in the hospital who were senior to him. He was posted on administrative post as a temporary measure to start the administration of the hospital which became functional w.e.f December, 2007. It would be pertinent to mention here that Dr. Satya Bhandhu Sood on promotion as Chief Medical Officer, Medical Superintendent/Principal (Training)/Deputy Director has been posted as regular Medical Superintendent at Dr. Rajindra Parsad Govt. Medical College, Tanda vide Notification dated 13.7.2010. A copy of the Notification dated 13.7.2010 is annexed herewith as Annexure R-1. It is worth while to mention here that as per the MCI norms the post of Medical Superintendent is to be filled up by promotion from amongst the Block Medical Officer and the incumbent should be a Post Graduate. Since now a regular incumbent has been posted as Medical Superintendent, as such the petitioner has now been transferred to CHC Jhandutta, District Bilaspur keeping in view the fact that there is shortage of Medical officers in the State.” 3 3. In view of the above reply, the petition is disposed of with a direction that subject to the petitioner making a representation along with copy of this judgment to respondent No.1 within one month from today, the said respondent shall consider and decide the same within further period of one month in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. Interim order dated 23.9.2010, shall continue till decision of the representation. 4. The petition as also pending CMPs, if any, stand disposed of in the above terms. Copy dasti. (V.K. Sharma) Judge 3rd March, 2011. Lsp*