Himachal Pradesh High Court

CWP/5236/2021 on 30 December 2021

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 30th DAY OF DECEMBER 2021

BEFORE

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ

CHIEF JUSTICE

&

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

CIVIL WRIT PETITION No. 5236 of 2021

Between:-

ARCHANA SARKEK (OPHTHALMIC OFFICER)

W/O SH. DHEERAJ SARKEK,

R/O HIMALAYAN CAP HOUSE,

AKHARA BAZAAR, KULLU, DISTT. KULLU, H.P., PRESENTLY UNDER TRANSFER FROM

REGIONAL HOSPITAL TO CIVIL HOSPITAL

MANALI, H.P., AGED ABOUT 40 YEARS.

…..PETITIONER

(BY SH. JAGAT PAL, ADVOCATE)

AND

1. STATE OF H.P. THROUGH

PRINCIPAL SECRETARY

(HEALTH & FAMILY WELFARE)

TO THE GOVERNMENT OF H.P. SHIMLA-2.

2.

DIRECTOR HEALTH SERVICES,

HIMACHAL PRADESH, KASUMPTI, SHIMLA-9.

3.

CHIEF MEDICAL OFFICER KULLU,

DISTRICT KULLU, H.P.

4.

MEENAKSHI PATHANIA (OPHTHALMIC OFFICER)

PRESENTLY WORKING CH MANALI

DISTRICT KULLU, HIIMACHAL PRADESH.

…..RESPONDENTS

(SH. AJAY VAIDYA, SENIOR ADDITIONAL

ADVOCATE GENERAL, FOR R-1 TO R-3,

NEMO FOR R-4)

_______________________________________________________

This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:

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O R D E R

The present petition has been filed by the petitioner, who is working as Ophthalmic Officer, challenging the impugned transfer order dated 8.9.2021 (Annexure P-1), whereby she has been transferred from RH, Kullu to CH, Manali, District Kullu vice respondent No. 4. The petitioner has approached this court on various grounds including the ground that her husband is already working in the same post at Jari Block, District Kullu.

2. On 17.12.2021, the learned Senior Additional Advocate General has sought time to seek instructions. Learned Senior Additional Advocate General, on instructions, submits that the respondent-State has now decided to continue respondent No. 4- Smt. Meenakshi Pathania at RH, Kullu, whereas the petitioner has been posted at CHC, Jari, District Kullu, where her husband is already working.

3. In the light of the submissions given by learned Senior Additional Advocate General, the grievances of the petitioner would stand redressed. Accordingly, the petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge 30th December, 2021(vs/rohit)

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