IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11713 of 2025 Date of Decision: 22.07.2025 _______________________________________________________ Lachhman Singh …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. M.A.Safee, Advocate, vice Mr. Shubham Sood, Advocate. For the Respondents: Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Peon (Class-IV) at Community Health Centre Cholthara, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to Director Health Services, Himachal Pradesh, to take appropriate action in accordance with law on communication/recommendation dated 09.06.2025 sent/made by Chief Medical Officer, Mandi, District Mandi, Himachal Pradesh, for 1Whether the reporters of the local papers may be allowed to see the judgment? 2 transferring the petitioner from District Mandi to CHC Swarghat, District Bilaspur, Himachal Pradesh, under 1% inter district quota of Class-IV Employees. 2. It has been averred in the petition that petitioner, who is 75% disabled, submitted a representation to Hon’ble Chief Minister (Annexure P-4), thereby requesting him to transfer him to District Bilaspur from District Mandi under 1% quota. From the office of Hon’ble Chief Minister, matter came to be forwarded to Chief Medical Officer, Mandi, District Mandi, who after verifying the credentials of the petitioner, recommended the case of the petitioner to Director Health Services, Himachal Pradesh, who, vide communication dated 23.05.2025 (Annexure P-5) called upon Chief Medical Officer to take undertaking from the petitioner that in the event of his transfer from District Mandi to District Bilaspur one 1% quota, he shall lose seniority. Though petitioner, after receipt of aforesaid communication, furnished undertaking (Annexure P-6), but fact remains that till date, nothing has been done and as such, petitioner is compelled to approach this Court in the instant proceedings. 3. Chief Medical Officer Mandi, District Mandi, vide communication dated 09.06.2025 addressed to Director, Health 3 Services, Himachal Pradesh, forwarded relevant documents including undertaking of the petitioner, but till date no order has been passed. 4. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that documents complete in all respects have been received by the office of Director, Health Services from the office of Chief Medical Officer Mandi, District Mandi, one month back and as such, it cannot be said that there is delay, if any, on the part of the respondents. He states that needful, if not already done, in terms of aforesaid communication, same shall be done expeditiously. 5. Since it is not in dispute that petitioner is 75% disabled, coupled with the fact that 1% inter district quota is provided for Class- IV employees, this Court sees no impediment in issuing direction to Director, Health Services, Himachal Pradesh, to do the needful in terms of communication dated 09.06.2025 sent from the office of Chief Medical Officer, Mandi, District Mandi, thereby enclosing relevant documents of the petitioner including undertaking. 4 6. Consequently, in view of the above, present petition is disposed of with a direction to Director Health Services, Himachal Pradesh, to pass final order on the request made by the petitioner with regard to his transfer from District Mandi to District Bilaspur under 1% quota for Class-IV employees. Needless to say, authority concerned, while doing the needful, in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of the fact that one post of Peon is lying vacant at CHC Swarghat, District Bilaspur, Himachal Pradesh, where petitioner can be posted under 1% quota without any practical difficulty. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 22, 2025 (Sunil)