IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. (T) No. 432 of 2008 Date of decision: 8 . 7. 2009 Dr. Krishan Dev Sharma …..Petitioner Versus ……Respondent State of H.P. Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the Petitioner: Mr. Trilok Jamwal, Advocate. For the respondent : Mr. R. K. Bawa, Advocate General, with Mr. Vikas Rathore,and Mr. Rajesh Mandhotra Dy. Advocate General, for respondent- State. Mr. Ajay M. Goel, Advocate, for respondent No. 3. Deepak Gupta, J (Oral). By means of this writ petition, the petitioner, who is an Ayurvedic Doctor, has challenged the order dated 29.2.2008, whereby he has been transferred from RAH Shimla to AHC Kalihatti. Respondent No. 3, who was serving in the tribal Ayurvedic Hospital Reckong-Peo District Kinnaur, H.P. has been posted in place of the petitioner. The main ground of challenge is that the petitioner has not completed his regular 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. - 2 - tenure of three years in Shimla. It was also urged that the wife of the petitioner is suffering from breast cancer and has to go very often to PGI, Chandigarh for treatment and as such he may be adjusted at Shimla itself. Reply has been filed by the respondents. Reply of the State shows that the petitioner has remained posted in and around Shimla for almost ten years. We also find that respondent No. 3 has been posted at various places all over the State of H.P. and she, prior to her posting at Shimla was serving in the hard tribal area of district Kinnaur. On her request, she was posted at Shimla. Learned Tribunal had granted stay order in favour of the applicant on 4.3.2008. In the meantime, respondent No. 3 had also joined at Shimla. Resultantly, both the petitioners as well as respondent No. 3 are serving at Shimla and obviously, some post in the tribal/rural area of H.P. would be lying vacant. This situation cannot be permitted to continue. We are however, also of the view that taking into consideration the problem of the petitioner, especially the serious ailment of his wife, his request for being posted at a more convenient station should be considered, - 3 - sympathetically. The petitioner may not have a right to continue at Shimla but the State can definitely consider his request to post him at some other place which is convenient to the petitioner and he can easily take his wife from there to PGI, Chandigarh. We, therefore, dispose of the writ petition with the following directions:- (i) The petitioner shall within 15 days from today make a fresh representation to the Principal Secretary (Health) to the government of H.P. Along with the representation, petitioner may annex all the documents relating to the treatment of his wife. The Principal Secretary (Health) shall consider the same and pass a speaking order thereon within three weeks thereafter. The Principal Secretary (Health) is directed to consider the case of the petitioner in the light of the observations made hereinabove. (ii) The petitioner shall be permitted to continue at Shimla till orders are passed by the Principal Secretary (Health) whereafter he will comply with the orders passed by the Principal Secretary (Health). The petition is disposed of in the aforesaid terms. The stay order is vacated. Copy Dasti. (Deepak Gupta),J. July 8, 2009 (Surinder Singh),J (cm)