Pratap Singh vs State Of H.P. And Others
2023 Latest Caselaw 5155 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No.2513 of 2023

.

Date of Decision: May 04, 2023.

    Pratap Singh                                             ...Petitioner





                                      Versus





    State of H.P. and others
                                                                      ..Respondents

    Coram

The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.

The Hon'ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1

For the Petitioner : Ms. Arun Kaushal, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Varun Chandel, Additional Advocate No. 1 and 2. General.

Vivek Singh Thakur, Judge(Oral)

Petitioner is serving as Radiographer in Health

Department, Government of Himachal Pradesh.

2. Petitioner has approached this Court against his

transfer order dated 28.04.2023, whereby he has been

transferred from CHC Padhar, District Mandi, H.P., to CHC Chandi,

District Solan, H.P., vice respondent No.3.

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

3. It has been submitted by learned counsel for the

petitioner that son of petitioner is 75% disabled person and being

a special child, he requires special care and as per policy of the

.

State, concession for posting the parents of such child are

available/providing posting in and around the home station.

Whereas, the petitioner has been transferred without taking into

consideration the policy of the State Government as well as

Transfer Policy, only in order to accommodate the respondent

No.3 that too on the basis of DO Note.

4. It has been further submitted by learned counsel for

the petitioner that petitioner shall be satisfied, in case he is

permitted to represent to respondent No.2, i.e. Director Health

Services, H.P., with further directions to decide the

representation, in a time bound manner.

5. Learned Additional Advocate General submits that

keeping in view the peculiar facts and circumstances, disability of

the child of the petitioner, in case, representation is made by the

petitioner, his case shall be considered sympathetically, in terms

of the policy of the State Government.

6. In view of above, petitioner is permitted and directed

to represent to respondent No.2, on or before 08.05.2023 and in

case, such representation preferred by the petitioner, the same

shall be decided by respondent No. 2 on or before 15.05.2022 by

speaking and reasoned order, after giving opportunity of hearing,

if desired so.

7. Needless to say, order passed by the competent

authority shall be communicated to the petitioner immediately

thereafter.

.

8. Till the date decision is taken by respondent No.2,

Director Health Services, Himachal Pradesh, the impugned order

dated 28.04.2023 shall remained stayed.

9. Accordingly, the petition is disposed of, so also the

pending application(s) if any.

Petitioner is permitted to produce a copy of this

judgment, downloaded from the web-page of the High Court of

Himachal Pradesh, before the Reference Court/authorities

concerned, and said Court/authorities shall not insist for

production of a certified copy but if required, passing of order can

be verified from Website of the High Court or otherwise.

(Vivek Singh Thakur), Judge.

(Sushil Kukreja) Judge.

May 04, 2023 (subhash)