IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7124 of 2010. Date of decision: 31.12.2010. Kirpa Nand Negi … Petitioner Versus State of H.P. and others. … Respondents Coram: The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the Petitioner: Mr. B.C. Negi, Advocate. For the respondents: Mr. J.S. Guleria, Assistant Advocate General, for respondents No. 1 and 2. V.K. Ahuja, J. (Oral): Petitioner is aggrieved by the transfer order Annexure P-5, dated 11.11.2010, vide which he has been transferred from Head Quarter Shimla to DTDO Office Mandi. Petitioner’s grievance is that earlier he was also transferred vide Annexure P-2, dated 1st April, 2010 from Headquarter Shimla to DTDO Office Kullu at Manali. He alleges that he made a representation that since he was undergoing some treatment at IGMC Shimla, therefore, he was again adjusted at Shimla, but after few months, he has been again transferred to Mandi vide impugned order. 2. Since earlier the Department has considered the request of the petitioner to adjust him at Shimla itself on medical grounds, as per the petitioner, no case is made out for again transferring him within a few months to Mandi, since he is undergoing treatment at IGMC, Shimla. However, this fact cannot be ignored that petitioner is serving at Shimla since 1.6.1998 and he 1Whether reporters of Local Papers may be allowed to see the judgment? 2 has no justification to remain at Head Quarter Shimla, except on medical grounds. 3. Keeping in view the facts, it is desirable that the case of the petitioner shall be considered by the respondent No. 1 on medical grounds, including the opinion of the Medical Officer, if necessary. It may be clarified as to whether he can got the same treatment at Mandi or not. The order shall be passed considering the facts and circumstances of the case, including the case of the petitioner sympathetically. The impugned order is stayed till the disposal of the representation by the respondent No. 1, who shall dispose of the representation of the petitioner within a period of fifteen days from the date when it is put up before him by the petitioner. The petitioner shall also file a copy of the order passed by this Court alongwith his representation, including the copy of writ petition within fifteen days from the date of this order. The petitioner is at liberty to apply for authorized leave and salary due to him shall be released to him. The petition stand disposed of. Copy Dasti. (V.K. Ahuja) Judge December 31, 2010 (KRS)