HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8461/2011-G Date of Decision: December 15, 2011 Atma Ram, s/o Sh. Shankar Ram, r/o village Rathoa, P.O. Chuhnan, Tehsil Sadar, District Mandi. ……. Petitioner Versus 1. State of H.P. through Principal Secy. (Ayurveda) to the Govt. of Himachal Pradesh, Shimla -2. 2. Dr. Neel Kanth Sharma, Ayurvedic Medical Officer, AHC, Guran, District Mandi, H.P. ……………………Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioner : Ms. Salochna Kaundal, Advocate. For respondent No.1 : Mr. Ram Murti Bisht, Dy. A. G. Sanjay Karol, J. (Oral) According to the petitioner, he is still working at AHC, Gaggal, Distt. Mandi. In terms of impugned order of transfer dated 16.9.2011, petitioner stands transferred from AHC, Gaggal to AHC, Guran, where private respondent No.2 has been posted. In the reply, respondents have not clarified as to whether private respondent has joined at AHC, Gaggal or not. However petitioner submits that he has yet not been relieved from AHC, Gaggal. 2. On 26.9.2011, Court had passed the following order: “Notice to the second respondent. In case the petitioner has not been relieved as on today and in case the second respondent has not joined the duties, further proceedings for relieving the petitioner shall be deferred for the time being. Needless to say that the petitioner and the second respondent 2 will work at their respective stations prior to the transfer, for the time. Post on 18.10.2011.” The same is still in operation. 3. It is the petitioner’s contention that the impugned order of transfer has resulted into acute hardship. It is still further contended that in any event one post is likely to fall vacant at AHC, Bhagrotu, Distt. Mandi on 28.2.2012, where he can be conveniently accommodated. Now these are aspects which need to be examined by the appropriate/competent authority at their level. As such petitioner, as prayed for, is allowed to approach the respondents by way of representation within a period of two weeks from today. The competent authority shall consider the same by affording opportunity of hearing to all concerned and take decision with regard to the place of posting of the petitioner. It is clarified that if the petitioner does not approach the respondents within a period of two weeks, interim order shall be deemed to be vacated and petitioner shall join at AHC Guran. The authority shall decide the representation within a period of three weeks. Till then interim arrangement in terms of order dated 26.9.2011 shall continue. 4. With these observations, present petition stands disposed of, so also the pending application, if any. Copy dasti. ( Sanjay Karol ), Judge. December 15, 2011 (rana)