IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. No. (T) 543 of 2008 Date of decision: 20. 7. 2009 Raja Ram Chauhan …..Petitioner Versus State of H.P. ……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. Dalip Sharma, Advocate. For the respondent : Mr. R.M. Bisht, Dy. Advocate General, with Mr. Vikas Rathore,and Mr. Rajesh Mandhotra Dy. Advocate General. Deepak Gupta, J (Oral). The petitioner, who is working as lecturer (History) in Government College, Sanjauli, Shimla, by means of this writ petition has challenged the order dated 18th March, 2008, whereby he has been transferred from Government College Sanjauli to Government College Tissa, District Chamba, against a vacant post. The grievance of the petitioner is two fold:- (a) That the petitioner himself is suffering from hypertension, cervical and lumber spondylosis 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - (b) That his wife who is an employee of B.S..N.L. is a chronic patient of Rheumatoid Arthritis and thyroid disorders. As far as the plea regarding illness of the wife is concerned, even as per the averments made in the petition, the wife is serving as an employee in the B.S.N.L. Therefore, it is not as if the wife is bed ridden and requires constant attendance. The petitioner has served in Government College, Solan from 24.4.1995 to 16.8.2001 and in Government College Sarasvati Nagar from 15.11.2001 to 8.2.2005. He has served in Government College Sanjauli from February, 2005 till date. He has by now served for four years at Shimla. The respondent-State in its reply has taken the plea that in case the petitioner is actually suffering from any serious ailment, he must get himself examined by a competent Board of doctors who should opine whether the petitioner is fit to discharge his duties in Tissa or not. In view of the allegations made by both the sides, we feel that the interest of justice will be served in case the writ petition is disposed of with the following directions:- (i) The Senior Medical Superintendent, I.G.M.C. Hospital Shimla is directed to constitute a Medical Board keeping in view the nature of ailments of the petitioner within one week from today. (ii) The learned Deputy Advocate General shall send a copy of this - 3 - order by fax to the Senior Medical Superintendent by 21st July, 2009. (iii) The petitioner shall appear before the Board on 28th July, 2009. In case this Board, for any reason cannot not meet on 28th July, 2009 another date shall be given to the petitioner by the Board in the same week itself. (iv) The Board shall opine whether the illness of the petitioner is so serious that he cannot serve in a place like Tissa in District Chamba. (v) The Senior Medical Superintendent shall send a copy of the opinion of the Board to the Principal Secretary (Education) to the Government of H.P. as well as the petitioner. (vi) In case the opinion of the Board goes against the petitioner, he shall join at Tissa within 15 days thereafter; (vii) In case, the opinion of the Board is in favour of the petitioner, The Principal Secretary (Education) keeping in view the opinion of the Board shall pass fresh order of transfer of the petitioner, keeping in view the stay of the petitioner at various places. The petition is disposed of in the aforesaid terms. The Court Secretary shall supply an authenticated copy of this order to the learned Deputy Advocate General during the course of day to day. (Deepak Gupta), J. July 20, 2009 (Surinder Singh),J (cm)