IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7868 of 2010. Decided on 5.01.2011 Anil Kumar ..…Petitioner. Versus Director Ayurveda Himachal Pradesh, Shimla-9 and others …… Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. I.N. Mehta, Advocate. For the respondents : Mr. Anil Jaswal, Dy. A. G. V.K.Sharma, Judge (Oral) The petition has been filed on the following prayer: “ That the order dated 29/11/2010 Annexure P-1 passed by the respondent No.1 being, illegal, arbitrary and unconstitutional may be quashed and set aside and the petitioner may be permitted to work at the present place of posting by issuing the writ in the nature of mandamus or certiorari in the peculiar facts and circumstances of the case.” 2. In reply on behalf of the respondents, the following stand has been taken by way of preliminary submissions at Sr. No.1 & 2: “Preliminary Submissions: 1. That Sh. Laxman Dass, Ayurvedic Pharmacist, who was completed 4 years at AHC Triloknath in District Lahaul Spiti, was transferred to AHC Beri Rajadian, Distt. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Bilaspur and the petitioner has been posted as substitute to relieve Sh. Laxman Dass Ayurvedic Pharmacist. In case the petitioner does not join at Triloknath Sh. Laxman Dass will not be relieved which will be unjust to Sh. Laxman Dass. 2. That the petitioner is a resident of village Naar, Post Office Jinki Pul, Tehsil Nerwa, District Chopal. On his first appointment he joined at AHC Kiarnoo on 22.5.2000. He was transferred to AHC Pauria and remained posted there 16.8.2003 to 12.7.2006. He was transferred back to AHC Kiarnoo and has been posted there from 13.7.2006 to date. It is imperative to mention here that the distance between Kiarnoo and Pauria is around 6 Kms by road and the distance between Kiarnoo and his home village is around one kilometer. Therefore, he has been posted near his home place from his first appointment.” 3. The main grievance of the petitioner is that he has been transferred on the very day the Model Code of Conduct was promulgated i.e. on 29.11.2010 and was relieved on that very day in the evening. His further case is that no one is posted against him. 4. In view of the above, the petition is disposed of with a direction that subject to the petitioner making a representation to respondent No.1 along with copy of this judgment within one month from today, the said respondent shall consider the same and take a final decision in the matter within next one month in accordance with law and justice by taking into consideration the above contentions raised on behalf of the petitioner, after affording an opportunity of being heard to him, if so desired. 3 5. In view of disposal of the main petition, pending CMP(s), if any shall also stand disposed of as infructuous Copy dasti. (V.K. Sharma) Judge 5th January, 2011. (jai)