IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2298 of 2011. Decided on: April 26, 2011. Dr. Pradeep Jalota Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner: Mr. P.P. Chauhan, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “(a) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent No. 5 to relieve the petitioner so as to enable to join at concerned department immediately; (b) to issue a further writ of mandamus or an appropriate writ, order or direction in nature thereof directing the respondent No. 6 to accept the joining of the petitioner in the concerned department without insisting upon the condition of 7 days, as the petitioner has been prevented by the respondent No. 5 from joining in the department.” 2. In the affidavit filed by the fifth respondent, the Medical Officer- in-Charge, Civil Hospital, Jubbal, it is stated as follows: “3. That it is further submitted that at present there are total 8 numbers of posts sanctioned in CH Jubbal including one post of the Sr. Medical Officer. Against the above 8 numbers of posts, presently only 3 Medical Officers including the present replying Respondent i.e. SMO I/C, Dr. Ranvir Vardhan, Medical Officer and the Petitioner are posted there in CH Jubbal. It is added that the CH Jubbal is 50 Bedded Hospital having indoor patient facilities and accordingly, one Doctor out of three posted at Jubbal is always on Emergency duty. Besides, the daily OPD of CH Jubbal is also approximately more than 100 patients, which is to be attended by the remaining two Doctors. Sometimes, when a Doctor is away on account of leave, meeting, tour or court 2 evidence, the OPD has to be seen and attended by a single Doctor only.” 3. It appears that the matter is to be looked into by the first/second respondent. There will be direction to the first/second respondent to take action on the reference made by the fifth respondent for posting a substitute within a period of two weeks from the date of production of copy of the judgment, copy of the writ petition and the copy of the reply filed by the fifth respondent so as to facilitate the petitioner to take up the assignment as per the Government order dated 22.3.2011. The first respondent will ensure that the joining time to the petitioner is suitably extended. 4. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. April 26, 2011. ( Justice Sanjay Karol ), (karan/vs) Judge.