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High Court of Himachal Pradesh · body

1988 DAILYLAW 79 (HP)

MEENA KUMARI v. STATE OF HP AND OTHERS

CWP/1988/2026 · 2026-02-23

Ajay Mohan Goel

body1988

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1988 of 2026 Decided on 23rd February 2026 Meena Kumari …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Pawan K. Sharma, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General, for respondent No.1 to 4. Ajay Mohan Goel, Judge (Oral) Notice confined to respondents No.1 to 4. As no order adverse to the interest of respondent No.5 is being passed, therefore, no notice is being issued to the said respondent. 2. By way of this petition, the petitioner has prayed for the quashing of order dated 18.02.2026 (Annexure P-4), in terms whereof, the petitioner has been transferred from Regional Hospital Bilaspur to CHC Galore District Hamirpur in place of the private respondent. Learned counsel for the 2 petitioner has informed the Court that the petitioner is on maternity leave and yet the impugned order has been passed. He further submitted that that grievance of the petitioner is that now she is being forced by the Department to go and report at CHC Galore, District Hamirpur, H.P., ignoring the fact that she is on maternity leave. 3. On a query put to the learned counsel for the petitioner as to since when the petitioner has been serving in Bilaspur the Court was informed that the petitioner was initially appointed on contract basis in Regional Hospital Bilaspur in the month of April, 2022, thereafter, she was regularized in the said hospital in the month of April 2025. 4. The above demonstrates that the petitioner has already completed more than 3 years in Bilaspur and, therefore, on the face of the record, this Court does not finds any arbitrariness as far the impugned transfer order is concerned. However, in light of the fact that the petitioner is on maternity leave, this petition is disposed of with the direction that the petitioner shall not be forced to join at CHC Galore, District Hamirpur during the period of her maternity leave and 3 once the maternity leave period is over, thereafter, the petitioner shall join at CHC Galore, District Hamirpur, H.P. However, this order shall not come in the way of the private respondent in joining at Regional Hospital Bilaspur. (Ajay Mohan Goel) Judge February 23, 2026 (Vinod)