Citation : 2022 Latest Caselaw 6057 HP
Judgement Date : 26 July, 2022
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26th DAY OF JULY, 2022
BEFORE
.
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
& HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.665 of 2021 ALONGWITH
CONNECTED MATTERS
1. CIVIL WRIT PETITION No.665 of 2021
Between:-
1. THE STATE OF HP,
THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS
(BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND
1. JAMNA DEVI, D/O SHRI DURGA DASS, R/O VILLAGE AND POST OFFICE KUNDLU, TEHSIL NALAGARH, DISTRICT SOLAN, H.P., PRESENTLY RESIDING AT WARD NO.7, FOREST COLONY, NALAGARH, DISTRICT SOLAN, H.P.
2. MEENAKSHI NAROTRA, D/O SH. PARKASH NAROTRA, R/O WARD NO.5, NALAGARH, DISTRICT SOLAN, H.P., PRESENTLY R/O VILLAGE AND P.O. BHATIAN, TEHSIL NALAGARH,
.
DISTRICT SOLAN, H.P.
......RESPONDENTS (NONE)
2. CIVIL WRIT PETITION No.619 of 2021
Between:-
1. THE STATE OF HP,
THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR
ADDITIONAL ADVOCATE GENERAL) AND
1. NALENDRA KUMARI, W/O SHRI KASHMIR SINGH, R/O VILLAGE SAINI MOHARI,
POST OFFICE ALATHU, TEHSIL BALH, DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL
HOSPITAL MANDI, DISTRICT MANDI, H.P.
2. GODA KUMARI, W/O SHRI HARI RAM, R/O HOUSE NO.102/5, PALACE COLONY, MANDI, DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL MANDI, DISTRICT MANDI, H.P.
3. SARITA KUMARI, W/O SHRI RAJENDER KUMAR, R/O VILLAGE AND POST OFFICE DHAWAN, TEHSIL BALH, DISTRICT MANDI, H.P., AT PRESENT WORKING AS
.
STAFF NURSE IN CIVIL HOSPITAL,
KOTLI, DISTRICT MANDI, H.P.
4. LEELA DEVI, W/O SHRI TILAK RAJ SHARMA,
R/O VILLAGE FATEHPUR, POST OFFICE FATEHPUR, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN CHC RIWALSAR,
5. URMILA DEVI,
DISTRICT MANDI, H.P.
W/O SHRI RASHEEL KUMAR,
R/O VILLAGE AND POST OFFICE MANWIN, TEHSIL BHORANJ,
DISTRICT HAMIRPUR, H.P., AT PRESENT WORKING AS STAFF NURSE IN VIVIL HOSPITAL, BHORANJ, DISTRICT HAMIRPUR, H.P.
6. LATA DEVI, W/O SHRI VINOD KUMAR, R/O VILLAGE BHEWAL, POST OFFICE
KARHOTA, TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN PRIMARY HEALTH CENTRE, HATWAR, DISTRICT BILASPUR, H.P.
......RESPONDENTS
(NONE)
3. CIVIL WRIT PETITION No.661 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
.
AND
KALPANA VERMA, D/O SHRI R.K. VERMA, R/O VILLAGE MEHALI,
POST OFFICE KASUMPTI, DISTRICT SHIMLA, HIMACHAL PRADESH.
......RESPONDENT
(BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
4. CIVIL WRIT PETITION No.662 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL
SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR
ADDITIONAL ADVOCATE GENERAL) AND SHRESTHA DEVI, D/O SHRI LAXMAN SINGH, R/O VILLAGE KAMALA, POST OFFICE GHANOTA, TEHSIL BHATYAT, DISTRICT CHAMBA, H.P., PRESENTLY WORKING AS STAFF NURSE.
......RESPONDENT
(BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
5. CIVIL WRIT PETITION No.663 of 2021
.
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP,
SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND KAMLESH KUMARI, W/O SHRI YASHPAL SINGH, R/O VILLAGE NANHOON,
POST OFFICE PAROUL, TEHSIL NURPUR, DISTRICT KANGRA, HIMACHAL PRADESH, PRESENTLY WORKING AS
STAFF NURSE AT CH FATEHPUR, DISTRICT KANGRA.
......RESPONDENT
(BY MR. BHIM RAJ SHARMA,
ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
6. CIVIL WRIT PETITION No.664 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR
.
ADDITIONAL ADVOCATE GENERAL)
AND
1. KUSUM LATA, W/O SHRI DESH RAJ,
R/O VILLAGE BHATOH, POST OFFICE MASERAN, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P., AT PRESENT WORKING AS
2. SUSHMA SHARMA, r to STAFF NURSE IN PHC SAJIO PIPLU, DISTRICT MANDI, H.P.
W/O SHRI KHEM RAJ SHARMA, R/O VILLAGE AND POST OFFICE
MOVI DEVI GALU, TEHSIL SUNDER NAGAR, DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN CHC NIHRI, DISTRICT MANDI, H.P.
......RESPONDENTS
(NONE)
7. CIVIL WRIT PETITION No.666 of 2021
Between:-
1. THE STATE OF HP,
THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND UPKAR KAUR, W/O SHRI BHAGWAN DASS, R/O VPO BAROT, TEHSIL FATEHPUR, DISTRICT KANGRA, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE
.
AT CH FATEHPUR, DISTRICT KANGRA, H.P.
......RESPONDENT (BY MR. BHIM RAJ SHARMA,
ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
8. CIVIL WRIT PETITION No.668 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND LEENA DEVI, D/O SHRI PALI RAM,
R/O VILLAGE MOHALA CHAMESHNAI, POST OFFICE CHAMBA, HIMACHAL PRADESH, DISTRICT
CHAMBA, PRESENTLY WORKING AS STAFF NURSE AT T.V. HOSPITAL, CHAMBA, DISTRICT CHAMBA, HIMACHAL PRADESH.
......RESPONDENT
(BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
9. CIVIL WRIT PETITION No.669 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
.
GOVERNMENT OF HP,
SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL) AND SUMAN BALA,
D/O SHRI PURSHOTAM DASS, W/O SHRI SANJAY KUMAR,
R/O VPO NARUPPH, TEHSIL NURPUR,
DISTRICT KANGRA, H.P., PRESENTLY WORKING AS STAFF NURSE AT CIVIL HOSPITAL KANGRA, DISTRICT KANGRA, HIMACHAL PRADESH.
......RESPONDENT (BY MR. BHIM RAJ SHARMA,
ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
10. CIVIL WRIT PETITION No.973 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS
(BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL) AND
1. VAISHALI PATIAL, W/O SHRI ARVIND SINGH MINHAS,
.
R/O VILLAGE GHUGHAR MATTH,
POST OFFICE PALAMPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL,
PALAMPUR, DISTRICT KANGRA, H.P.
2. VAISHALI GURUNG, W/O SHRI VIKRANT THAPA, R/O RAM NAGAR, DHARMASHALA,
3.
DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL, DHARAMSHALA, DISTRICT KANGRA, H.P.
REEMA MEHRA,
W/O SHRI SONI, R/O VILLAGE AND POST OFFICE HARIPUR, SUB-TEHSIL HARIPUR, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL, JWALAMUKHI, DISTRICT KANGRA, H.P.
4. SAPNA KUMARI, W/O SHRI SANDEEP KUMAR,
R/O VILLAGE AND POST OFFICE KHANYARA, TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN DR. R.P. GOVT. MEDICAL COLLEGE, TANDA, DISTRICT KANGRA, H.P.
5. ANIL KUMARI, W/O SHRI KULJEEWAN RANA, R/O VILLAGE TATEHAL, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS
- 10 -
STAFF NURSE IN PRIMARY HEALTH CENTRE PANCHRUKHI, DISTRICT KANGRA, H.P
6. LAXMI DEVI, W/O SHRI MADAN LAL,
.
R/O VILLAGE AND POST OFFICE
SUDHER, TEHSIL DHARAMSHALA, KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL, DHARAMSHALA, DISTRICT KANGRA, H.P.
7. ANJANA KUMARI, W/O SHRI SANDEEP JAMWAL, R/O VILLAGE AND POST OFFICE DUHAK, TEHSIL PALAMPUR,
8.
DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL THURAL, DISTRICT KANGRA, H.P.
RAJNI DEVI,
W/O SHRI AJAY KUMAR, R/O VILLAGE GORDA, POST OFFICE BHANALA, TEHSIL SHAHPUR, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
9. MADHU BALA, W/O SHRI RAJEEV SAMKARIA,
R/O VILLAGE AND, POST OFFICE SADDUN BARGRAN, TEHSIL BAROH, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
10. SUMNA, W/O SHRI MANJEET SINGH, R/O VILLAGE ABDULAPUR, POST OFFICE JAMANABAD, TEHSIL AND DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
- 11 -
11. KANCHAN KUMARI, W/O SHRI SANDEEP KUMAR, R/O VILLAGE AND POST OFFICE MAIRI, TEHSIL AMB, DISTRICT UNA, H.P., AT PRESENT WORKING
.
AS STAFF NURSE IN PHC DHUSARA,
DISTRICT UNA. H.P.
12. SUMNA DEVI, W/O SHRI KULDEEP KUMAR,
R/O VILLAGE KANED POST OFFICE GHIANA KALAN, TEHSIL DHARMSHALA, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA,
13. SANTOSH KUMARI,
DISTRICT KANGRA, H.P
D/O SHRI SAINU RAM,
R/O VILLAGE BHATTILU, POST OFFICE DAROH, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL THURAL, DISTRICT KANGRA, H.P
14. JOGINDRA DEVI, W/O SHRI KRISHAN SINGH, R/O VILLAGE AND POST OFFICE
MALAN, TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA,
DISTRICT KANGRA, H.P
15. BABY RANI, W/O SHRI SANJEEV KUMAR, R/O VILLAGE AND POST OFFICE BALDHAR, TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
- 12 -
16. SEEMA DEVI, W/O SHRI ANOOP CHAUDHARY, R/O VILLAGE KIRCHAMBA, POST OFFICE HATWAS. TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE
.
IN DR RPGMC TANDA, DISTRICT KANGRA, H.P.
17. MONIKA RANA, W/O SHRI SUMIT RANA, R/O VILLAGE AND POST OFFICE
SULTANPUR, TEHSIL AND DISTRICT CHAMBA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
18. SANJULA SHARMA, W/O SHRI GANESH UPADHAYAY, R/O VILLAGE AND POST OFFICE SHAHPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF
NURSE IN CHC SHAHPUR,
DISTRICT KANGRA, H.P.
19. CHAMPA DEVI, W/O SHRI MOHAR SINGH, R/O VILLAGE AND POST OFFICE
BHARMOUR, TEHSIL BHARMOUR, DISTRICT CHAMBA, H.P., AT PRESENT WORKING AS STAFF NURSE IN CHC HOLI, DISTRICT CHAMBA, H.P
20. GAYA DEVI,
W/O SHRI RAJESH KUMAR, R/O WARD NO. 8, JAWAHAR NAGAR, DHARAMSHALA, DISTRICT KANGRA,
H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL, DHARAMSHALA, DISTRICT KANGRA, H.P.
21. SHAKUNTLA DEVI, W/O SHRI SUNIL SHARMA, R/O VILLAGE KAMLA, POST OFFICE GARNOTA, TEHSIL SIHUNTA, DISTRICT CHAMBA, H.P., AT PRESENT WORKING AS STAFF NURSE IN PHC SIHUNTA, DISTRICT CHAMBA, H.P.
- 13 -
22. REETA DEVI, W/O SHRI OMKAR SINGH, R/O VILLAGE BAROL, POST OFFICE DARI, TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P., AT PRESENT WORKING STAFF NURSE
.
IN ZONAL HOSPITAL, DHARAMSHALA,
DISTRICT KANGRA, H.P.
23. KUSUM BALA, W/O SHRI SUBHASH CHAND,
R/O VILLAGE ASHANPATT, POST OFFICE LAHLA, TEHSIL PALAMPUR, DISTRICT KANGRA H.P., AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL,
24. ANOOP SAINI,
PALAMPUR, DISTRICT KANGRA, H.P
W/O SHRI SUSHIL SAINI,
R/O VILLAGE PEHAG, POST OFFICE SAHOURA, TEHSIL AND DISTRICT KANGRA,
H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
25. SUMAN THAPA,
W/O SHRI RAJESH PRADHAN, R/O VILLAGE CHILGARI, POST OFFICE AND TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL DHARAMSHALA,
DISTRICT, KANGRA, H.P.
26. SUMANA DEVI,
W/O SHRI RAJESH KUMAR, R/O VILLAGE DEHURI, POST OFFICE KALWARI, TEHSIL BANJAR, DISTRICT KULLU, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
27. MEERA SAWTA, D/O SHRI SANT RAM, R/O VILLAGE LIHAT, POST OFFICE SARI, TEHSIL CHOPAL,
- 14 -
DISTRICT SHIMLA, H.P., AT PRESENT WORKING AS STAFF NURSE IN HIMACHAL HOSPITAL OF MENTAL HEALTH AND REHABILITATION, BOELEUGANJ, SHIMLA-5.
28. SANTOSHI DEVI,
.
W/O SHRI RAJ PAL,
R/O VILLAGE AND POST OFFICE RAILLY JAJRI, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P., AT PRESENT WORKING
AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
29. PUSHPA THAKUR,
W/O SHRI GHANSHYAM THAKUR, R/O VILLAGE DAMOHAR, POST OFFICE DEORI, TEHSIL ANNI, DISTRICT KULLU, H.P., AT PRESENT WORKING AS STAFF NURSE
IN CIVIL HOSPITAL ANNI, DISTRICT KULLU, H.P.
30. RADHA DEVI, W/O SHRI KARAM CHAND, R/O VILLAGE NIRSU, POST OFFICE DUTT NAGAR, TEHSIL RAMPUR,
DISTRICT SHIMLA, H.P., AT PRESENT WORKING AS STAFF NURSE IN MGMSC KHANERI RAMPUR BUSHEHAR, DISTRICT SHIMLA, H.P.
31. PADMA BUTITH,
W/O SHRI CHHERING DORJE, R/O VILLAGE AND POST OFFICE KAZA, DISTRICT LAHAUL AND SPITI,
H.P., AT PRESENT WORKING AS STAFF NURSE IN CHC KAZA, DISTRICT LAHAUL AND SPITI, H.P.
32. NEERAJ KUMARI, W/O SHRI AJAY PURI, R/O VILLAGE CHHUDRA, POST OFFICE THAKRI MATTI, TEHSIL SALOONI, DISTRICT CHAMBA, H.P., AT PRESENT WORKING AS STAFF NURSE IN PHC BANIKHET, DISTRICT CHAMBA, H.P.
- 15 -
33. VARSHA HANS, W/O SHRI DEEPAK ATWAL, R/O HOUSE NO. 146-A-1, SECTOR-II, NAYA NANGAL, PUNJAB, AT WORKING AS STAFF NURSE IN REGIONAL HOSPITAL UNA,
.
DISTRICT UNA, H.P.
......RESPONDENTS
(BY MR. VISHWA BHUSHAN,
ADVOCATE)
11. CIVIL WRIT PETITION No.1551 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
GOVERNMENT OF HP,
SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS
(BY MR. AJAY VAIDYA, SENIOR
ADDITIONAL ADVOCATE GENERAL) AND
RITA THAKUR, D/O SHRI JAGDISH CHAND, R/O VPO RAJNAGAR, TEHSIL &
DISTRICT CHAMBA, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE AT MEDICAL COLLEGE, CHAMBA, HIMACHAL PRADESH.
......RESPONDENT
(NONE)
- 16 -
12. CIVIL WRIT PETITION No.1553 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
.
GOVERNMENT OF HP,
SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL) AND SONI DEVI,
D/O SHRI CHAJJU RAM, R/O VILLAGE PHARKA,
POST OFFICE GAREHAR,
TEHSIL BHARMOUR, DISTRICT CHAMBA, HIMACHAL PRADESH.
......RESPONDENT
(BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
13. CIVIL WRIT PETITION No.1554 of 2021
Between:-
1. THE STATE OF HP,
THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
- 17 -
AND SUNITA KUMARI, D/O SHRI PYAR CHAND, W/O SHRI SANJEEV, R/O VILLAGE BADAH,
.
POST OFFICE MOHAL,
TEHSIL & DISTRICT KULLU, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE AT REGIONAL HOSPITAL, KULLU,
HIMACHAL PRADESH.
......RESPONDENT (BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE) r to
14. CIVIL WRIT PETITION No.1555 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND MAMTA SHARMA, D/O SHRI MADAN MOHAN SHARMA, R/O WARD NO.8, NEAR OLD HOSPITAL, NURPUR, DISTRICT KANGRA, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE AT CIVIL HOSPITAL, BAIJNATH, DISTRICT KANGRA, HIMACHAL PRADESH.
......RESPONDENT
- 18 -
(BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR SINGH, ADVOCATE)
15. CIVIL WRIT PETITION No.1556 of 2021
.
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
(BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL) AND r ......PETITIONERS
MAMTA KUMARI, D/O SHRI JAI SINGH, R/O VILLAGE PAJOB, POST OFFICE SUNDLA, TEHSIL SUNDLA, TEHSIL
SALOONI, DISTRICT CHAMBA, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE AT PHC CHNED, HIMACHAL PRADESH.
......RESPONDENT
(BY MR. MOHAR SINGH, ADVOCATE)
16. CIVIL WRIT PETITION No.1557 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
- 19 -
2. THE DIRECTOR, HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
.
AND
REENA DEVI, D/O SHRI MADHO RAM, R/O VPO KHUDDI, TEHSIL
BHATYAT, DISTRICT CHAMBA, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE.
......RESPONDENT (BY MR. BHIM RAJ SHARMA,
SINGH, ADVOCATE) r to ADVOCATE VICE MR. VIJAY BIR
17. CIVIL WRIT PETITION No.1558 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
GOVERNMENT OF HP, SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND GUDDI DEVI, D/O SHRI CHAUDHARY RAM, R/O VPO HOBBAR, TEHSIL BHATIYAT, DISTRICT CHAMBA, H.P., PRESENTLY WORKING AS STAFF NURSE AT REGIONAL HOSPITAL, CHAMBA, HIMACHAL PRADESH.
......RESPONDENT (NONE)
- 20 -
18. CIVIL WRIT PETITION No.3199 of 2021
Between:-
1. THE STATE OF HP, THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE
.
GOVERNMENT OF HP,
SHIMLA-2, HP.
2. THE DIRECTOR,
HEALTH SERVICES, HP, SHIMLA-9.
......PETITIONERS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL) AND SUDERSHNA DEVI,
W/O LATE SHRI SUBHASH CHAND, R/O VILLAGE BHATALI BILLIAN,
POST OFFICE DHANATI BURIN,
TEHSIL NURPUR, DISTRICT KANGRA, HIMACHAL PRADESH, PRESENTLY WORKING AS STAFF NURSE AT CH GANGATH.
......RESPONDENT (BY MR. BHIM RAJ SHARMA, ADVOCATE VICE MR. VIJAY BIR
SINGH, ADVOCATE)
19. CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL) No.1066 of 2020
Between:-
1. VAISHALI PATIAL, W/O SHRI ARVIND SINGH MINHAS, R/O VILLAGE GHUGHAR MATTH, POST OFFICE PALAMPUR, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL PALAMPUR, DISTRICT KANGRA, H.P.
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2. REEMA MEHRA, W/O SHRI SONI, R/O VILLAGE AND POST OFFICE HARIPUR, SUB-TEHSIL HARIPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE
.
IN CIVIL HOSPITAL JWALAMUKHI,
DISTRICT KANGRA, H.P.
3. SAPNA KUMARI, W/O SHRI SANDEEP KUMAR,
R/O VILLAGE AND POST OFFICE KHANYARA, TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. R.P. GOVT. MEDICAL COLLEGE, TANDA,
4. ANIL KUMARI, to DISTRICT KANGRA, H.P.
W/O SHRI KULJEEWAN RANA,
R/O VILLAGE TATEHAL, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN PRIMARY HEALTH CENTRE PANCHRUKHI, DISTRICT KANGRA, H.P.
5. ANJANA KUMARI, W/O SHRI SANDEEP JAMWAL, R/O VILLAGE AND POST OFFICE
DUHAK, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL THURAL, DISTRICT KANGRA, H.P.
6. RAJNI DEVI, W/O SHRI AJAY KUMAR, R/O VILLAGE GORDA, POST OFFICE, BHANALA, TEHSIL SHAHPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
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7. MADHU BALA, W/O SHRI RAJEEV SAMKARIA, R/O VILLAGE AND POST OFFICE, SADDUN BARGRAN, TEHSIL BAROH, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE
.
IN DR. RPGMC TANDA,
DISTRICT KANGRA, H.P.
8. SUMNA, W/O SHRI MANJEET SINGH,
R/O VILLAGE ABDULAPUR, POST OFFICE JAMANABAD, TEHSIL AND DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA,
9. KANCHAN KUMARI,
DISTRICT KANGRA, H.P.
W/O SHRI SANDEEP KUMAR,
R/O VILLAGE AND POST OFFICE MAIRI, TEHSIL AMB, DISTRICT UNA,
H.P., AT PRESENT WORKING AS STAFF NURSE IN PHC DHUSARA, DISTRICT UNA, H.P.
10. SUMNA DEVI, W/O SHRI KULDEEP KUMAR, R/O VILLAGE KANED, POST OFFICE GHIANA KALAN,
TEHSIL DHARAMSHALA, DISTRICT KANGRA, H.P.,
AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
11. SANTOSH KUMARI, D/O SHRI SAINU RAM, R/O VILLAGE BHATTILU, POST OFFICE DAROH, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL THURAL, DISTRICT KANGRA, H.P.
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12. JOGINDRA DEVI, W/O SHRI KRISHAN SINGH, R/O VILLAGE AND POST OFFICE, MALAN, TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P., AT PRESENT WORKING
.
AS STAFF NURSE IN DR. RPGMC TANDA,
DISTRICT KANGRA, H.P.
13. BABY RANI, W/O SHRI SANJEEV KUMAR,
R/O VILLAGE AND POST OFFICE BALDHAR, TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P., AT PRESENT WORKING AS DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
14. SEEMA DEVI,
W/O SHRI ANOOP CHAUDHARY, R/O VILLAGE KIRCHAMBA,
POST OFFICE HATWAS, TEHSIL NAGROTA BAGWAN,
DISTRICT KANGRA, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
15. MONIKA RANA, W/O SHRI SUMIT RANA, R/O VILLAGE AND POST OFFICE,
SULTANPUR, TEHSIL AND DISTRICT, CHAMBA, H.P. AT PRESENT WORKING
AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
16. ANOOP SAINI, W/O SHRI SUSHIL SAINI, R/O VILLAGE PEHAG, POST OFFICE SAHOURA, TEHSIL AND DISTRICT KANGRA, H.P, AT PRESENT WORKING AS STAFF NURSE IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
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17. SUMANA DEVI, W/O SHRI RAJESH KUMAR, R/O VILLAGE DEHURI, POST OFFICE KALWARI, TEHSIL BANJAR, DISTRICT KULLU, H.P., AT PRESENT WORKING AS STAFF NURSE
.
IN DR. RPGMC TANDA, DISTRICT KANGRA, H.P.
18. SANTOSHI DEVI, W/O SHRI RAJ PAL, R/O VILLAGE AND POST OFFICE
RAILLY JAJRI, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P., AT PRESENT WORKING AS STAFF NURSE IN DR RPGMC TANDA, DISTRICT KANGRA, H.P.
19. VARSHA HANS,
W/O SHRI DEEPAK ATWAL, R/O HOUSE NO. 146-A-I, SECTOR-II, NAYA NANGAL,
PUNJAB AT PRESENT WORKING AS STAFF NURSE IN REGIONAL HOSPITAL,
UNA, DISTRICT UNA, H.P.
......PETITIONERS (BY MR. VISHWA BHUSHAN,
ADVOCATE VICE MR. MADAN THAKUR, ADVOCATE) AND
1. SHRI R.D. DHIMAN, ADDITIONAL CHIEF SECRETARY
(HEALTH) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.
2. DR. AJAY GUPTA, DIRECTOR HEALTH SERVICES, HIMACHAL PRADESH, SHIMLA-9.
......RESPONDENTS (BY MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
AND
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20. CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL) No.1075 of 2020
Between:-
1. NALENDRA KUMARI,
.
W/O SHRI KASHMIR SINGH,
R/O VILLAGE SAINI MOHARI, POST OFFICE ALATHU, TEHSIL, BALH, DISTRICT MANDI, H.P., AT PRESENT WORKING
AS STAFF NURSE IN ZONAL HOSPITAL, MANDI, DISTRICT MANDI, H.P.
2. GODA KUMARI, W/O SHRI HARI RAM,
R/O HOUSE NO.102/5, PALACE COLONY, MANDI, DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL MANDI,
DISTRICT MANDI, H.P.
3. SARITA KUMARI, W/O SHRI RAJENDER KUMAR, R/O VILLAGE AND POST OFFICE, DHAWAN, TEHSIL BALH,
DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN ZONAL HOSPITAL MANDI, DISTRICT MANDI, H.P.
4. LEELA DEVI,
W/O SHRI TILAK RAJ SHARMA, R/O VILLAGE FATEHPUR, POST OFFICE FATEHPUR,
TEHSIL SARKAGHAT, DISTRICT MANDI, H.P., AT PRESENT WORKING AS STAFF NURSE IN CHC RIWALSAR, DISTRICT MANDI, H.P.
5. URMILA DEVI, W/O SHRI RASHEEL KUMAR, R/O VILLAGE AND POST OFFICE, MANWIN, TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P.,
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AT PRESENT WORKING AS STAFF NURSE IN CIVIL HOSPITAL BHORANJ, DISTRICT HAMIRPUR, H.P.
......PETITIONERS (BY MR. VISHWA BHUSHAN,
.
ADVOCATE VICE
MR. MADAN THAKUR, ADVOCATE)
AND
1. SHRI R.D. DHIMAN, ADDITIONAL CHIEF SECRETARY (HEALTH) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.
2. DR. AJAY GUPTA, DIRECTOR HEALTH SERVICES, HIMACHAL PRADESH, SHIMLA-9.
......RESPONDENTS (BY MR. AJAY VAIDYA, SENIOR
ADDITIONAL ADVOCATE GENERAL)
These petitions coming on for hearing this day,
Hon'ble Mr. Justice A.A. Sayed, passed the following:
ORDER
CWP No.665 of 2021 alongwith CWP Nos.619, 661,
662, 663, 664, 666, 668, 669, 973, 1551, 1553, 1554, 1555, 1556, 1557, 1558 and 3199 of 2021
Learned Senior Additional Advocate General states
that in light of the judgment and order dated 06.01.2021 in CWP
No.5764 of 2020 (State of H.P. & Anr. Versus Parwati Sharma
& Ors.) which has been affirmed by the Hon'ble Supreme Court in
Special Leave to Appeal (C) Nos.6453 of 2021 (State of HP & Anr..
- 27 -
Versus Parvati Sharma & Ors.), the present petitions would not
survive.
2. In view of the above, all these petitions to stand
.
disposed of, so also pending miscellaneous application(s), if any.
COPCT Nos.1066 and 1075 of 2020
3. In view of the order passed hereinabove in
CWP No.665 of 2021 and connected matters, we dispose of these
contempt petitions by directing the respondents-State to implement
the order dated 7th May, 2018 passed by the erstwhile Himachal
Pradesh Administrative Tribunal Camp at Mandi in OA (M) No.256
of 2018 (Vaishali Patial and others Versus The State of
Himachal Pradesh and another) within a period of four weeks
from today.
4. The contempt petitions to stand disposed of in the
above terms. Notices issued to the respondents are discharged.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua) July 26, 2022 Judge (Bhardwaj)
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