Himachal Pradesh High Court
Sh. Sushil Kumar vs State Of Himachal Pradesh Through ... on 7 November, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF NOVEMBER, 2022
BEFORE
.
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
&
HON'BLE MR. JUSTICE VIRENDER SINGH, JUDGE
CIVIL WRIT PETITION NO.7604 OF 2022
Between:-
SH. SUSHIL KUMAR S/O SH. BAKSHI RAM,
R/O VILLAGE SADOH, POST OFFICE MANSAI
TEHSIL GALORE, DISTRICT HAMIRPUR, H.P.
PRESENTLY WORKING AS LECT. ECONOMICS
AT GSSS SANAHI, DISTRICT HAMIRPUR,
(UNDER PROMOTION AS PRINCIPAL AT
GSSS SHONG, DISTRICT KINNAUR, H.P.)
...PETITIONER
(BY MS. KIRAN DHIMAN, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS
PRINCIPAL SECRETARY (EDUCATION)
TO THE GOVT. OF H.P. SHIMLA.
2. THE DIRECTOR OF HIGHER EDUCATION,
LALPANI, SHIMLA.
...RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR. J.S.
GULERIA, DEPUTY ADVOCATE GENERAL AND MR. RAJAT
CHAUHAN, LAW OFFICER)
1
WHETHER APPROVED FOR REPORTING?
This petition coming on for orders this day, Hon'ble Mr. Justice
Tarlok Singh Chauhan, passed the following :
ORDER
The instant petition has been filed for the grant of
following reliefs:
1. That the writ may kindly be allowed and the
impugned order Annexure P-1, may kindly be quashed
and set aside qua the petitioner.
2. That the writ in the nature of mandamus may
very kindly be issued directing the respondents to
Whether reporters of Local Papers may be allowed to see the judgment ? Yes.
consider the representation of the petitioner (Annexure
P-3) sympathetically keeping in view his adverse
medical condition of the petitioner before posting him
to any station and preferably to transfer the petitioner
to any low altitude station.
.
2. On 02.11.2022, this Court passed the following order :
"Heard. The Chief Medical Officer, Hamirpur, is
directed to constitute a Medical Board on Friday at 11:00
AM to examine the medical condition of the petitioner as
to whether he is suffering from chronic liver pareuchyual
disease with left lung dysfunction, if so, to what extent
and whether the same would hammer and effect the
working in higher altitude, especially in Kinnaur, where
the petitioner is now ordered to be posted and
transferred. The report be submitted to the Registry of
this Court by FAX on or before the next date of hearing.
The copy of this order be sent to the Chief
Medical Officer, Hamirpur, through FAX/e-mail."
3. Learned Deputy Advocate General has placed on record
medical report of the petitioner, which reads as under:
"After clinical examination and review of medical
records vide registration Number 4141970-4 dated
04.11.2022, it is hereby stated that Mr. Sushil Kumar 52 Y
male adult is suffering from destroyed lung left most likely
tubercular fibrosis. Arterial blood gas report is normal and
pulmonary function test show mild restriction. He is also
suffering from cirrhosis liver (compensated).
At present patient is on treatment for the above
said disease and requires regular treatment. He is advised to
avoid heavy exertion."
The aforesaid medical report proves the ailment of the
petitioner.
4. Accordingly, the instant petition is disposed of by
quashing the transfer order dated 14.10.2022 (Annexure P-1) while
maintaining the promotion order and with a direction to the
respondents concerned to consider and decide the representation of
the petitioner (Annexure P-3) sympathetically, more particularly,
taking into consideration the ailment being suffered by him, within a
period of four weeks from today. Pending application(s), if any, also
stands disposed of.
For compliance, to come up on 5th December, 2022.
.
( Tarlok Singh Chauhan)
Judge
( Virender Singh )
Judge
7th November, 2022
(CS)
