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2025 DAILYLAW 32788 (HP)

AMIR MALIK v. THE STATE OF HP AND OTHERS

CWP/19483/2025 · 2025-12-09

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19483 of 2025 Date of Decision: 09.12.2025 _____________________________________________________________________ Dr. Aamir Malik ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vishwa Bhushan, Advocate. For the respondents: Mr. Rajan Kahol, Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who recently completed his MD in the subject of Gynecology, is aggrieved by order dated 18.09.2025 (Annexure P-1), whereby he has been ordered to be transferred to CH Padhar, District Mandi, Himachal Pradesh. 2. In nutshell, the case of the petitioner, is that on account of adverse family circumstances, he is unable to join at CH Padhar, District Mandi, Himachal Pradesh, rather taking note of serious illness of his mother, he be either posted at MGMSC Khaneri, Rampur Bushahr, District Shimla or at Civil Hospital Karsog, District Mandi, Himachal Pradesh. 3. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar, states that petitioner, who has recently completed his MD, cannot dictate terms, rather he has to serve in any part of the state. 4. True it is that though it is the sole prerogative of the employer to post an employee at a particular station, but having taken note of adverse family circumstances, as indicated hereinabove, this Court, without going into the merits of the case, deems it fit to dispose of the same reserving liberty to the petitioner to file representation within two days for his adjustment at a convenient station, which shall be decided by the competent authority expeditiously, preferably within one week thereafter. Ordered accordingly. 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 adverse family circumstances, as indicated hereinabove, as well as representation filed on behalf of the petitioner. Till the time, representation filed by the petitioner is not decided in terms of instant order, petitioner may continue to work at KNH, Shimla, Himachal Pradesh. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge December 09, 2025 (sunil) 2