Venu Bansal vs State Of H.P. & Ors
2023 Latest Caselaw 13453 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5862/2023 Decided on: 13.09.2023

.

    Venu Bansal                            ...Petitioner





                                     Versus
    State of H.P. & Ors.                  ....Respondents.

...........................................................................................

Coram Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Vinod Sharma and Ms. Mamta Bhatwan, Advocates.

    For the respondents:                      Mr. Anup Rattan, Advocate General
                          r                   with Ms. Seema Sharma, Deputy

                                              Advocate General, for respondents
                                              No.1 to 3.

                                              Mr. T.S.Chauhan, Advocate, for
                                              respondent No.4.



    Jyotsna Rewal Dua , J

Heard. Petitioner is serving as staff nurse. She has

come up against office order dated 11.08.2023 (Annexure P-1)

transferring her from Regional Hospital Bilaspur, District Bilaspur to

Indra Gandhi Medical College, Shimla. Her transfer has been ordered

vice respondent No.4-Smt/ Shivanjali, who has been brought to

petitioner's place of posting from IGMC Shimla.

2. Petitioner's contentions are that she was posted at her

present place of posting on 24.05.2017; She has completed her

Whether reporters of the local papers may be allowed to see the judgment? yes

normal tenure at the present place of posting. Petitioner's grievance

is that the impugned order was issued merely on the basis of a D.O.

.

Note of respondent No.5 to accommodate respondent No.4 who was

posted in IGMC Shimla on 25.05.2021. It was also submitted for the

petitioner that she had never consented or made any request for her

transfer.

3. Pursuant to order dated 28.08.2023 passed in the writ

petition, respondents have produced the record. The record reflects

that the competent authority had accepted the request of respondent

No.4 for her adjustment at Bilaspur in view of her personal difficulties.

Learned counsel for respondent No.4 highlighted the fact that

respondent No.4 was blessed with a child on 21.01.2023 and belongs

to Bilaspur. In this background, she had made a request for her

transfer to Bilaspur. The record further shows that after approval of

the competent authority, her case was examined by the department.

Long incumbency of the petitioner at Bilaspur was considered. The

department noticed that the petitioner had been serving at Regional

Hospital Bilaspur ever since 20.04.2017, thus, has completed 6 years

of stay.

4. In view of above, no fault can be found in the impugned

transfer order. Accordingly, the petition is dismissed. Statement of

learned Deputy Advocate General is noted that the petitioner would

be paid admissible TTA/JT. Pending miscellaneous application(s), if

any, shall also stand disposed of.

.

                                                      Jyotsna Rewal Dua





                                                            Judge
    13th September 2023(rohit)





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