IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. (T) No. 3280 of 2008 Date of decision: 30. 7. 2009 Sh. Suchha Ram …..Petitioner Versus State of H.P. and others ……Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . no For the Petitioner: Mr. R.R. Rahi, Advocate. For the respondent : Mr. Rajesh Mandhotra, Dy. Advocate General, with Mr. Vikas Rathore,Dy. Advocate General, for the respondents. Deepak Gupta, J (Oral). Supplementary affidavit taken on record. By means of this writ petition, the petitioner, who is working as Senior Assistant in the H.P.P.W.D. Division Nalagarh, has challenged the order dated 28.3.2006, whereby he was transferred from Nalagarh to Circle Bilaspur. At that time one of the grounds raised was that the petitioner has been transferred after a short span of six months. The petitioner was granted stay order on 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - 4.4.2006 and by now has completed more than three years at Nalagarh. In fact, from the reply we find that the petitioner has managed to stay in Nalagarh for a long period of time. Shri R.R. Rahi learned counsel for the petitioner submits that the petitioner is suffering from serious ailments and has been continuously under treatment from the P.G.I. at Chandigarh. Some documents have been attached in this behalf. We may make it clear that the petitioner, even if these documents are correct, has no right to claim that he should be posted only at Nalagarh but he can be posted at any station where treatment is available for his ailments. In view of the aforesaid discussion, we reject the writ petition. We however, permit the petitioner to make representation along with necessary documents to the Engineer-in-Chief, H.P.W.D., Shimla. In case, such a representation is made, the Engineer- in-Chief shall take into consideration the medical ailments from which the petitioner is suffering and shall either post him at or near a station where necessary medical facilities are available. We may make it clear that even if the Engineer-in-Chief finds that the treatment for the petitioner is only available at Chandigarh, it is not necessary that he has - 3 - to be retained at Nalagarh. He can be posted at any other place from where Chandigarh is easily accessible. In case, no representation is made within two weeks from today then the Engineer-in-Chief need not entertain a representation belatedly made. With these observations, the writ petition is disposed of. In view of the disposal of the main writ petition, all miscellaneous application shall stand disposed of. Copy dasti. (Deepak Gupta),J. July 30, 2009 (Surinder Singh),J (cm)