IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8404 of 2025 Decided on: 21st June, 2025 ------------------------------------------------------------------------------------- Dr. Shruti Sharma …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vivek Singh Attri and Mr. Ankit Kaloti, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Leena Guleria, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The case set up by the petitioner is that on 11.07.2019, she was posted as Medical Officer at Dr. Yashwant Singh Parmar Government Medical College (Dr. YSPGMC), Nahan. Petitioner gave birth to a female child on 18.12.2024, whereafter, she submitted her maternity leave application on 21.12.2024 to the concerned authorities at the aforesaid college. During the period petitioner was on maternity leave, the respondents issued a notification on 23.12.2024 (Annexure P-VII), transferring 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 several Doctors including the petitioner. The petitioner was transferred to PHC Bharari, District Sirmour. Vide a subsequent order passed by the respondents, it was communicated that the petitioner shall be relieved from her present place of posting after exhaustion of maternity leave availed by her for joining the new place. Petitioner’s maternity leave has now expired. 2. Learned counsel for the petitioner submits that under the impugned notification, petitioner has been transferred to PHC Bharari, Tehsil Sangrah, District Sirmour; The aforesaid is a hard area. It was highlighted that the petitioner has already served at PHC Koti Dhiman, Tehsil Sangrah, District Sirmour w.e.f. 30.06.2015 to 10.07.2019. The aforesaid place was also a hard area. Having served hard area for more than the requisite tenure, the petitioner could not be transferred again to a hard area. Learned counsel for the petitioner also emphasizes the fact that the petitioner is a lactating mother of an infant child. Her husband is also serving in the respondent-Health Department and is presently posted in District Sirmour. Therefore, it being a couple case, the petitioner is also entitled for protection under Clause 5.4 of the transfer policy, giving concession to couples serving in the State of Himachal Pradesh. Learned counsel submitted that no one 3 else has been brought in the place of the petitioner at Dr. YSPGMC, Nahan. That there are several vacancies of Medical Officers in and around Nahan, where the petitioner can be easily accommodated, enabling her to discharge her duties and to look after her new born child. 3. Considering the facts of the instant case, this writ petition is disposed of with liberty to the petitioner to represent to respondent No.2/competent authority within a week from today, indicating the stations where she can be adjusted/transferred. Within two weeks from the receipt of such representation, respondent No.2/competent authority shall consider and decide the same in accordance with law and applicable transfer policy as also keeping in view the circumstances of the petitioner. The order so passed in this regard, be communicated to the petitioner. 4. Till such decision, operation of the impugned notification dated 23.12.2024 (Annexure P-VII) shall remain stayed qua the petitioner, or in other words, the petitioner shall be allowed to continue as Medical Officer at Dr. YSPGMC, Nahan, District Sirmour. It is made clear that in case no such representation is made within the aforesaid period, interim protection granted to the petitioner shall stand automatically vacated. 4 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 21, 2025 Judge Mukesh