Aparna vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 1258 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.534 of 2023 Date of Decision : 7th February, 2023

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    Aparna                                                               ...... Petitioner
                                     Versus
    State of Himachal Pradesh and others                                 ......Respondents





    Coram:

The Hon'ble Mr. Justice Sushil Kukreja, Judge.

Whether approved for reporting?

For the Petitioner : Mr. Amar Deep Singh, Advocate. For the Respondents : Mr. Vishal Panwar, Additional Advocate r General with Mr. Rajat Chauhan, Law Officer.

Sushil Kukreja, Vacation Judge (oral)

The present petition has been filed by the petitioner under Article

226 of the Constitution of India, seeking the following substantive relief:-

"i) That the order dated 05.08.2022 contained in Annexure P-2 may very kindly be ordered to be implemented and the Respondents, more particularly,

Respondent No.3 may be directed to relieve the

Petitioner from her present place of posting to join in station of transfer."

2. The case of the petitioner is that she is serving as a Staff Nurse at

Pandit Jawahar Lal Nehru Government Medical College, District Chamba

and has been transferred to Civil Hospital, Theog vide impugned transfer

order dated 5.8.2022 (Annexure P-2). Thereafter, petitioner had filed

representation to respondent No.2 stating therein that she had proceeded

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

on leave on 5.8.2022 and on maternity leave on 13.8.2022, hence, in such

peculiar case, it has become difficult for her to get relieved and join at the

transferred station.

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3. Notice. Mr. Vishal Panwar, learned Additional Advocate General,

accepts notice on behalf of the respondents.

4. At this stage, learned counsel for the petitioner has stated that the

petitioner would be satisfied if the respondents are directed to decide the

representation which shall be filed by the petitioner within two days, in

some time bound manner.

5. Accordingly, without adverting to the merits of the case, this petition

is disposed of with a direction to respondent No.2 to decide the

representation to be filed by the petitioner within two days, in some time

bound manner, preferably within a period of one week from the date of

receipt of the representation, strictly in accordance with law.

Pending application(s), if any, shall also stand disposed of.

( Sushil Kukreja) Vacation Judge February 7, 2023 (ks)