CWP/10885/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.10885 of 2023

Decided on: 29th December, 2023 ___________________________________________________________ Reeta Rana

....Petitioner Versus

State of H.P. and another

……Respondents

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?

For the petitioner: Mr. Rahul Thakur and Ms. Vishali Lakhanpal, Advocates.

For the respondents: Mr. Vishal Panwar, Additional Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the orders intended to be passed herein.

3. The petitioner has filed the instant writ petition

Whether reporters of Local Papers may be allowed to see the judgment?

with the following prayer:- “That the respondents may kindly be directed to decide the representation of the petitioner and adjust her at Regional Hospital Bilaspur against the post which is going to fall vacant on 31st December, 2023 on the retirement of the incumbent, in the interest of justice.”

4. The petitioner was initially appointed as Staff Nurse and thereafter promoted as a Ward Sister. She is presently working in CHC Markand, since 14.10.2022. The petitioner is physically disabled to the extent of 40%, As per Annexure P-1. In view of her disability, the petitioner is seeking redressal of her grievances, for considering her case for transfer from CHC Markand to Regional Hospital, Bilaspur, where post is likely to fall vacant on 31st December, 2023. The petitioner has also referred to certain adversarial conditions and hardships in the representation dated 22.10.2023 [Annexure P-4].

5. Mr. Vishal Panwar, learned Additional Advocate General, submits that once the representation dated 22.10.2023 [Annexure P-4] is pending, the same shall be considered, in accordance with law, by passing the

appropriate orders within the stipulated period.

6. In the entirety of facts and circumstances, as referred to above, this Court disposes of the writ petition by directing Respondent No.2-Director, Health Services, Himachal Pradesh, to examine/consider the representation dated 22.10.2023 [Annexure P-4] and to pass appropriate orders, in accordance with law, within two weeks from today.

7. Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open.

In the aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.

(Ranjan Sharma)

Judge December 29, 2023 (Bhardwaj)