Himachal Pradesh High Court
Pharmacist In Veterinary vs State Of H.P. & Ors. on 20 May, 2022
Bench: Mohammad Rafiq, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 20th DAY OF MAY, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
.
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No.3154 of 2022
Between:-
SATYA PAL, S/O SH. CHUHRU
RAM, RESIDENT OF VILLAGE
MAGHIYANA, P.O. GARNOTA,
TEHSIL SIHUNTA, DISTRICT
CHAMBA, H.P. PRESENTLY
WORKING
r AS VETERINARY
PHARMACIST IN VETERINARY
DISPENSARY, HUDAN, DISTRICT
CHAMBA, H.P., AGED 42 YEARS.
......PETITIONER
(BY MS. ARCHNA DUTT, ADVOCATE)
AND
1. THE STATE OF HIMACHAL
PRADESH THROUGH
SECRETARY (ANIMAL
HUSBANDRY) TO THE GOVT. OF
HIMACHAL PRADESH, SHIMLA-2.
2. THE DIRECTOR, ANIMAL
HUSBANDRY, HIMACHAL
PRADESH, SHIMLA, H.P.
3. DEPUTY DIRECTOR, ANIMAL
HUSBANDRY & BREEDING,
DISTRICT CHAMBA, H.P.
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2
4. VETERINARY OFFICER/IN-
CHARGE, SUB DIVISIONAL
VETERINARY HOSPTAL, KILLAR
(PANGI), DISTRICT CHAMBA, H.P.
......RESPONDENTS
.
(BY MR. VIKAS RATHORE, ADDITIONAL
ADVOCATE GENERAL)
This petition coming on for admission this day, Hon'ble Mr.
Justice Sandeep Sharma, passed the following:
ORDER
Since petitioner has already completed his normal tenure
of posting in tribal/difficult area in the State of H.P., he made
representation dated 25.04.2022 to respondent No.2/ The Director,
Animal Husbandry, H.P. Shimla through respondent No.3, praying
therein to transfer him to one of the station of his choice, as detailed in
representation, but since till date, no action whatsoever, has been
taken by the authority concerned on the representation having been
filed by him, he is compelled to approach this Court in the instant
proceedings for issuance of direction to the respondents to decide his
representation in a time bound manner.
2. Mr. Vikas Rathore learned Additional Advocate General,
has put in appearance on behalf of the respondents and states that he
does not intend to file any reply in the instant petition on behalf of the
respondents.
3. Having heard learned counsel representing the parties
and perused the material available on record, this Court finds that
petitioner was ordered to be transferred from Veterinary Dispensary
.
Talla (Sihunta), District Chamba to Veterinary Dispensary Hudan at
Pangi, which is tribal/hard area and since then, he had been serving
there uninterruptedly. Since, petitioner after having completed his
normal tenure of posting in hard area is entitled to be posted in one of
the station of his choice, prayer made on his behalf by way of
representation dated 25.04.2022, Annexure P-3, deserves to be
considered by the authority concerned strictly in terms of the transfer
policy.
4. Consequently, in view of the above, we without going into
the merits of the case, dispose of the present petition with direction to
respondent No.2/ The Director, Animal Husbandry, Government of
Himachal Pradesh, Shimla to consider and decide the representation
dated 25.04.2022, filed by the petitioner, expeditiously, preferably
within a period of four weeks. Needless to say, the authority concerned
while doing the needful, in terms of instant order, would not only afford
an opportunity of being heard to the petitioner, but would also take into
consideration the transfer policy formulated by the Govt. of Himachal
Pradesh as well as judgment dated 27.08.2007, passed by a Division
Bench of this Court in CWP No. 1105 of 2006, titled Sushila Sharma vs.
State of H.P. & ors., wherein respondent/State has been directed to
ensure that all the employees are treated fairly and equally and every
employee during his tenure of service serves in tribal/hard area and also
remote/rural areas.
Pending application(s), if any, also stand disposed of.
.
( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma)
May 20, 2022 Judge
(reena) r
