IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.3755 of 2010. Judgment reserved on: 15.9.2010. Date of Decision: 22.9.2010. Dr.Sunil Kumar Sood …Petitioner. Versus. State of Himachal Pradesh and others …Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Petitioner(s): Mr.Ajay Mohan Goel & Ms.Shweta Joolka, Advocates. For the Respondent(s): Mr.Vivek Singh Thakur, Addl.A.G. for respondents No.1&2. Mr.Ashok Chaudhary, counsel for R-3. Deepak Gupta, J. The petitioner, who is Doctor, by means of this writ petition has challenged his transfer from Tiara to Nagrota Surian, District Kangra. The main ground of challenge in the petition is that the transfer has been ordered, not in the public interest, but only to help the respondent No.3 who has stayed in and around Tiara for a large number of years. It is also alleged that the respondent No.3 has managed to obtain the transfer orders and the transfer is actuated by malafides and the same be cancelled. 2 The petitioner was promoted as Block Medical Officer vide order dated 21st August, 2006 and posted at Nichar in Kinnaur. He decided to forego his promotion because of the reason that his father was unwell. Thereafter, he was transferred to Thural in District Kangra. He again requested that he cannot look after his father at Thural. Thereafter, he was adjusted at PHC Ladori in District Kangra. On 10th December, 2008, petitioner was again promoted as BMO and posted at Tiara. Thereafter, one Dr.A.S. Dadwal, Dr.Vinod Kumar Chaudhary as well as respondent No.3 Dr.Ravinder Rana were promoted on ad hoc basis on 18.6.2010. Dr.A.S. Dadwal was posted at PHC Gopalpur, Dr.Vinod Kumar Chaudhary at Mahakal and respondent No.3 at PHC Jawalamukhi. This order was modified on 21.6.2010 and Dr.Ravinder Rana was ordered to be adjusted at Nagrota Bagwan against a vacant post. Thereafter, on 1.7.2010 another order was passed whereby petitioner was transferred from Tiara to Nagrota Surian, Dr.A.S. Dadwal from Gopalpur to Nagrota Bagwan and Dr.Ravinder Rana respondent No.3 who was under transfer to Nagrota Bagwan was adjusted at Tiara and Dr.Vinod Kumar Chaudhary under transfer to Mahakal was ordered to be adjusted at Gopalpur. In view of the fact that repeated transfers had been ordered, this Court had called for the record of the case which led to these transfers. It appears that one Dr.Vinod Kumar Chaudhary who was also promoted as BMO vide order dated 18.6.2010 and posted at 3 PHC Mahakal made some representation and the Hon’ble Health Minister directed that he be adjusted at Nagrota Surian against vacancy. In the meanwhile, another note was received from the office of the Health Minister that Dr.Vinod Kumar Chaudhary should be adjusted at Gopalpur in place of Dr.A.S. Dadwal who may be shifted to PHC Mahakal. The Department pointed out that Dr.Dadwal had already joined as BMO on promotion at PHC Gopalpur on 19.6.2010. Therefore, the Department sought a clarification as to whether Dr.Vinod Kumar Chaudhary was to be posted at Nagrota Surian or at Gopalpur and if Dr.Chaudhary was to be posted at Gopalpur whether Dr.Dadwal should be sent to Nagrota Surian or to Mahakal. Thereafter, a note was put up to the Hon’ble Health Minister by the Principal Secretary (Health) that since Dr.Dadwal had joined at Gopalpur, Dr.Chaudhary may be adjusted at Nagrota Surian. The Hon’ble Health Minister made a note that Dr.Chaudhary be posted at Gopalpur vice Dr.Dadwal who may be posted at Nagrota Bagwan. In the meantime, on another file another note had been initiated on 21.6.2010 that Dr.Ravinder Rana who was under transfer from Zonal Hospital, Dharamshala to CHC Jawalamukhi may be adjusted at Nagrota Bagwan as BMO along with additional charge of District T.B. Officer, Kangra. This note was approved by the Hon’ble Health Minister on 21.6.2010. However, as observed above, on 30.6.l2010 the Hon’ble Health Minister ordered that Dr.Dadwal may 4 be posted at Nagrota Bagwan. Thereafter, it appears that due to the confusion created the petitioner was posted at Nagrota Surian, Dr.A.S. Dadwal from Gopalpur to Nagrota Bagwan, Dr.Ravinder Rana from Nagrota Bagwan to PHC Tiara and Dr.Vinod Kumar Chaudhary from Mahakal to PHC Gopalpur. Dr.A.S. Dadwal and Dr.Vinod Kumar Chaudhary are not parties to these proceedings. Normally, this Court would not interfere in transfers made in the public interest but a reading of the notes which have been produced before this Court, leaves no manner of doubt that the transfers have been ordered not on account of administrative exigencies but only with a view to adjust Dr.Vinod Kumar Chaudhary. In fact, it appears that firstly Dr.Vinod Kumar Chaudhary had made a request that he be posted at Nagrota Surian against a vacant post but later on he was directed to be adjusted at Gopalpur in place of Dr.A.S. Dadwal who had only joined a few days earlier thereby the post at Nagrota Surian remained vacant and somebody had to be adjusted against that post. The State has contended that it was decided to post Dr.Ravinder Rana at a place close to Dharamshala since he was to function as TB Officer, Kangra at Dharamshala. If this be the case of the respondents then I fail to understand why Dr.Dadwal was adjusted at Nagrota Bagwan and the petitioner who had spent only 1 ½ years at Tiara was transferred from Tiara. From the record it is also obvious 5 that Dr.Ravinder Rana has spent almost his entire career in or around Tiara. None of these factors have been taken into consideration either by the Principal Secretary (Health) or the Hon’ble Health Minister. It is more than obvious that these transfers created heart burning amongst the employees and the same were ordered without understanding the consequences thereof. In view of the aforesaid facts and circumstances, I am of the considered opinion that the Principal Secretary (Health) should again reconsider the matter and should after taking into consideration the stay of the Doctors at various stations, other administrative exigencies and public interest decide which one of the four doctors is to be posted at which place. The views of all the four doctors may also be ascertained. This should be done by a reasoned order to be passed within four weeks from today. Till then the status quo as of today shall continue. This petition is allowed in the aforesaid terms. No costs. September 22, 2010 ( Deepak Gupta ) PV Judge.