IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8775 of 2025 Date of Decision: 07.07.2025 _______________________________________________________ Dr. Anu Bala …….Petitioner Versus State of Himachal Pradesh & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashwani K. Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. Mr. Mukul Sood & Mr. Vivek Thakur, Advocates, for respondent No. 2. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Ayurvedic Medical Officer at Government Ayurvedic Hospital Lambloo, District Hamirpur, is aggrieved by order dated 22.05.2025 (Annexure P-2), whereby she has been transferred from afore station to Ayurvedic Health Centre, Gwalpathar, District Hamirpur, vice Dr. Akshay Sharma, respondent No. 2. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashwani Kumar Sharma, learned counsel representing the petitioner, is that impugned transfer order is not sustainable in the eye of law because the same has been passed in violation of Transfer Policy. He further states that since petitioner has not completed normal tenure at present place of posting, coupled with the fact that petitioner has been transferred with a view to adjust the private respondent, who prior to his transfer from Government Ayurvedic Hospital Lambloo, District Hamirpur, was under transfer to Ayurvedic Health Centre, Gwalpathar, District Hamirpur. 3. Pursuant to notices issued in the instant proceedings, Mr. Ravi Chauhan, learned Deputy Advocate General, has placed on record instructions dated 31.05.2025, issued under the signatures of Additional Secretary (Ayush) to the Government of Himachal Pradesh, perusal whereof reveals that petitioner has been working at present place of posting for the last one year and eight months and prior to her posting at present place of posting, she was posted at Ayurvedic Health Centre Dehori, District Kullu, Himachal Pradesh. It also emerges from the instructions that petitioner was transferred to the afore station at her own request, as her husband was also posted there at the relevant time. 3 4. Short reply/instructions suggests that private respondent Dr. Akshay Sharma has mostly remained posted in District Hamirpur. Respondent No. 2 had been working at District Ayurvedic Hospital, Hamirpur, w.e.f 26.05.2022 to 19.09.2022 and thereafter, he was ordered to be transferred to Ayurvedic Health Centre Gwalpathar, Hamirpur, but subsequently afore transfer order came to be modified, vide impugned transfer order dated 22.05.2025, whereby private respondent came to be adjusted at the place of petitioner in Lambloo and petitioner has been ordered to be posted at the place of private respondent in Gwalpathar. 5. Respondent No. 2 has filed reply, which is taken on record. It has been averred in the reply that petitioner herein has also remained posted in District Hamirpur for more than six years. Though petitioner was transferred out of Hamirpur on two occasions, both transfers were made at her own request, as her husband was posted outside Hamirpur at the relevant time. However, there is no dispute qua the fact that petitioner has remained posted in and around District Hamirpur for more than seven and a half years. Instructions placed on record by the Government reveal that private respondent remained posted in District Ayurvedic Hospital, Hamirpur, for six years and eight months and thereafter, he managed to get himself adjusted at the 4 place of petitioner, where she was serving for one year and eight months. 6. Though Mr. Ravi Chauhan, learned Deputy Advocate General, vehemently argued that petitioner being Class-I Officer, cannot take protection of Transfer Policy, rather she being Class-I Officer is liable to be posted at anywhere in the State, but he was unable to dispute that prior to petitioner’s posting at Lambloo, she was working at Ayurvedic Health Centre Dehori, District Kullu, Himachal Pradesh. Though instructions placed on record suggests that petitioner has also remained posted in District Hamirpur, for more than six years, but in between she has also gone to District Kullu and District Mandi, whereas private respondent has throughout remained posted in District Hamirpur. Even this time private respondent was though transferred within District Hamirpur, but yet he succeeded in getting himself adjusted at a distance of 12 Kms from District Hamirpur but in that process petitioner herein has been dislodged that too before her completion of normal tenure of posting at present place of posting. 7. Since it is quite apparent from the record that petitioner has not completed normal tenure at present place of posting and prior to her posting, she was posted in District Kullu, coupled with the fact that private respondent has remained posted in District Hamirpur, for 5 more than seven years and eight months, this Court is persuaded to allow the present petition. 8. Consequently, in view of the above, present petition is allowed and impugned transfer order dated 22.05.2025 (Annexure P-2) is quashed and set aside with a direction to the respondents to permit petitioner to rejoin at Government Ayurvedic Hospital Lambloo, Hamirpur, if relieved, as a result thereof, private respondent shall proceed to join at Ayurvedic Health Centre, Gwalpathar. Pending application(s), if any, stand disposed of. p (Sandeep Sharma), Judge July 07, 2025 (Sunil)