Citation : 2025 Latest Caselaw 4096 HP
Judgement Date : 21 February, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 2515 of 2025 Decided on : 21st February, 2025 __________________________________________________________ Rajash Kumar ...Petitioner
Versus
State of HP & Ors. ...Respondents Coram Hon'ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No.
For the petitioner : Mr. Vinod Kumar Thakur, Advocate.
For the respondents : Mr. Hemant Kumar Verma, Deputy Advocate General.
Ranjan Sharma, Judge [Oral]
Heard.
Notice. Mr. Hemant Kumar Verma, Learned
Deputy Advocate General appears and waives notice
on behalf of respondents No. 1 to 3.
2. Petitioner [Rajesh Kumar] presently working
as Dental Hygienist at Civil Hospital Janjehli, District
Mandi has come up before this Court, seeking the
following reliefs:
i) That the respondents may kindly be directed to decide the representation dated
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
25.10.2024 [Annexure P-1] of the petitioner and he may be transferred to soft area from hard area in the interest of justice;
(ii) That the respondents may kindly be directed to transfer the petitioner to the stations of his choice as contained in Annexure P-1 i.e. [1] Sr. R.K.Govt. Medical College, Hamirpur, [2] Zonal Hospital, Hamirpur, [3] Civil Hospital, Bharari [4] Civil Hospital Bhoranj [5] PHC Bhareri and [6] CHC Galore.
3. At the very outset, Learned Counsel for the
petitioner states that the petitioner had made a
representation dated 25.10.2024 [Annexure P-1]
requesting for transfer in view of the fact that the
petitioner has completed more than four years since
17.09.2021 at Civil Hospital, Janjehli, District Mandi.
The said representation is also forwarded by the Chief
Medical Officer, Mandi to the Director, Dental Health
Services, Himachal Pradesh, Shimla [Annexure P-2]. In
view of the representation, it is prayed that the
respondents have not decided the representation as yet
for which appropriate orders and directions may be
issued.
4. Per contra, Learned State Counsel states that
in case the representation dated 25.10.2024 [Annexure
P-1] is still pending the same shall be
considered/examined and appropriate orders shall be
passed in the matter.
5. Taking into account the entirety of facts
and circumstances, this Court, disposes of the instant
writ petition, with the following directions :
(i) Respondent No.2 - Director, Dental Health Services, Himachal Pradesh, Shimla is directed to examine the representation dated 25.10.2024 [Annexure P-1] and pass appropriate orders, thereof in accordance with law, after affording a personal hearing to the petitioner on or before 20.03.2025;
(iii) Needless to say that this Court has not adverted to merits and all questions are left open, which may be examined / considered by respondents, hereinafter, in accordance with law;
(iii) No order as to costs.
In aforesaid terms, the instant petition and
all pending miscellaneous application(s), if any, shall
also stand disposed of.
(Ranjan Sharma) February 21, 2025 Vacation Judge (tm)
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