IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7800 of 2023 Date of decision: 26.03.2025 Ashok Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. N.K. Tomar, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 to 4-State. : Mr. Naresh Kaul, Advocate, for respondent No.5. Jyotsna Rewal Dua, Judge Petitioner and respondent No.5 are presently serving as Pharmacy Officer in the respondent-Health Department. Petitioner is currently posted at Primary Health Centre (‘PHC’) Dhamla, Block Rajgarh, District Sirmour, whereas respondent No.5 is posted at Zonal Hospital, Solan. 2. Facts. 2(i). As per the facts assigned by respondents No.1 to 4 in their reply, the petitioner procured a D.O. note on 10.08.2023 for getting himself transferred from PHC Dhamla, 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- District Sirmour to Zonal Hospital, Solan, against longer stay. 2(ii). Petitioner was accordingly ordered to be transferred against respondent No.5 from PHC Dhamla to Zonal Hospital, Solan and vice-versa. Office order was accordingly issued on 31.08.2023. Respondents imposed a pre-condition in the transfer order dated 31.08.2023 that respondent No.5 will join first at PHC Dhamla, District Sirmour. This was done to ensure that post of Pharmacy Officer in PHC Dhamla may not remain vacant, taking into consideration the orders passed in CWPIL No.4 of 2020 to ensure that post of Pharmacy Officer in the PHC remains filled up. The aforesaid transfer order was cancelled by the respondents on 28.09.2023. Feeling aggrieved the petitioner instituted this writ petition. 3. In the writ petition, it was not disclosed by the petitioner that he was beneficiary of a D.O. note and his transfer from PHC Dhamla, District Sirmour to Zonal Hospital, Solan, was ordered on the basis of a D.O. note procured by him. -3- Respondents No.1 to 4 in their reply have also disclosed that subsequent to effecting vice-versa transfer of petitioner and respondent No.5 under order dated 31.08.2023 issued on the basis of the D.O. note, respondent No.5 also procured a D.O. note for cancellation of her transfer from Zonal Hospital, Solan to PHC Dhamla, District Sirmour. Accordingly, vide subsequent office order dated 28.09.2023 (impugned herein), the office order dated 31.08.2023 was cancelled. 4. Since the petitioner was transferred from PHC Dhamla, District Sirmour to Zonal Hospital, Solan, on the basis of the D.O. note, therefore, he cannot seek implementation of that transfer order in this writ petition. At the same time, it cannot be ignored that respondent No.5 also got her transfer from Zonal Hospital, Solan to PHC Dhamla, District Sirmour cancelled, on the basis of a D.O. note. Respondent No.5 is statedly serving at Zonal Hospital, Solan, w.e.f. 04.05.2010, after completing more than requisite tenure at CHC Bharmour, a tribal area in District Chamba. Respondent No.5 is serving in District Solan for the last more than 14 years. In the aforesaid circumstances, this -4- writ petition is disposed of with direction to respondent No.2 to consider the respective cases of transfer of petitioner and respondent No.5, afresh, in accordance with law and as per applicable policy within a period of two weeks from today. Ordered accordingly. The order so passed be also communicated to the petitioner and respondent No.5. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 26th March, 2025 Judge (Pardeep)