IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9475 of 2025 Date of Decision: 03.07.2025 _______________________________________________________ Ranjeet Singh …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Narender Singh Thakur, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for State. Mr. Varun Rana, Advocate, for respondent No.5. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Pharmacy Officer at PHC Rajgarh, District Mandi, Himachal Pradesh, is aggrieved of order dated 28.05.2025, whereby he has been transferred from afore station to PHC Bhekhali, District Kullu, vice Mr. Ajay Kumar-respondent No.5. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Narender Singh Thakur, learned counsel representing the petitioner is that though petitioner has not completed normal tenure of posting at present place of posting, but yet within a short span of three months, he has been transferred and as such, impugned transfer order is not 1Whether the reporters of the local papers may be allowed to see the judgment? 2 sustainable in the eye of law. While referring to certain documents, adduced on record, he further submitted that father of the petitioner is on bed and as such, he is otherwise required to be given posting at a convenient station, enabling him to take proper care of his ailing father. 3. Pursuant to notices issued in the instant proceedings, learned Additional Advocate General has placed on record communication dated 19.06.2025, issued under the signatures of Director, Health Services, Himachal Pradesh, perusal whereof reveals that though petitioner was posted at the present place of posting three months back, but he has remained posted within the radius of 10-12 kilometers from the present place of posting for more than eight years. Private respondent No.5 has also filed reply, but the same is not on record. Mr. Varun Rana, learned counsel representing respondent No.5, states that since petitioner has already completed normal tenure of posting at present place of posting, no illegality can be said to have been committed by the respondents by transferring his client, at the place of petitioner. 4. Though careful perusal of pleadings, adduced on record by respective parties, suggests that petitioner has served for three months at the present place of posting, but it is not in dispute that prior to transfer of the petitioner at the present place of posting, he 3 remained posted within the radius of 10-12 kilometers from the present place of posting for more than eight years. Since petitioner has already completed normal tenure of posting in and around the present place of posting, factum of transfer, if any, on the basis of D.O. note issued by Ex-MLA, may not be of much relevance, especially when reply filed by private-respondent No.5, which is though not on record but has been made available to this Court by learned counsel representing private-respondent No.5, suggests that in past, petitioner has also been beneficiary of the D.O. note. 5. However, having taken note of adverse family circumstances of the petitioner, as is evident from the averments contained in the petition, this Court, without going into the merits of the case, deems if fit to dispose of the present petition, reserving liberty to the petitioner to file representation within a period of two days to the competent authority, praying therein for his adjustment at a convenient station, enabling him to take care of his ailing father, which in-turn shall be decided by the competent authority, expeditiously, preferably, within a period of one week. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon taking note vacant stations i.e. CH Bhoranj, District Hamirpur, PHC Mair, 4 District Hamirpur, PHC Khurahal, District Mandi, CHC Rohanda, District Mandi and CH Tegubehr, District Kullu. Till the time, representation, if filed within a period of two days, is not decided by the competent authority, petitioner shall not be relieved from the present place of posting. Pending applications, if any, also stand disposed of. p` (Sandeep Sharma), Judge July 03, 2025 (Rajeev Raturi)