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2025 DAILYLAW 33824 (HP)

JYOTI THAKUR v. THE STATE OF HP AND OTHERS

CWP/20407/2025 · 2025-12-23

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20407 of 2025 Date of Decision: 23.12.2025 _____________________________________________________________________ Jyoti Thakur ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Dr. Rajesh Kumar Parmar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working at Civil Hospital Manali, District Kullu, Himachal Pradesh, is aggrieved of order dated 20.12.2025 (Annexure P-2), whereby she, on her promotion to the post of Ward Sister, has been posted at Civil Hospital Karsog Mandi. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Dr. Rajesh Kumar Parmar, learned counsel for the petitioner is that prior to passing of order dated 20.12.2025, respondents vide order dated 6.12.2025, posted the petitioner at RH Kullu, but within two weeks of issuance of aforesaid order, she has been transferred to Civil Hospital Karsog, on the askance of political masters. - 2 - 3. Having regard to the nature of order proposed to be passed, this court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General, who states that petitioner is now being sent to CH Karsog, on her promotion to the post of Ward Sister and as such, she is required to join at the transferred station. He states that since there were certain discrepancies in order dated 6.12.2025, same was modified within two days, but certainly prior to such amendment, no person joined at the given station, rather they all joined as per the stations given in the communication dated 20.12.2025. 4. Since it is quite apparent from the pleadings adduced on record by the petitioner that prior to her being promoted to the post of Ward Sister, she remained posted in District Kullu for a considerable time, coupled with the fact that she is being sent to Karsog on promotion, there appears to be no justification for this court to interfere in the impugned order and as such, same is upheld. However, having taken note of the adverse family circumstances, as came to be apprised to this court during the proceedings of the case by the learned counsel for the petitioner, this Court deems it fit to dispose of the present petition with direction to the respondents to consider and decide pending representation of the petitioner (Annexure P-4), expeditiously, preferably, within ten days. Ordered accordingly. - 3 - Needless to say, authority concerned while doing the needful shall afford an opportunity of hearing to the petitioner and pass appropriate order. Till the time, representation is decided by the competent authority, petitioner shall not be compelled to join at the transferred station. It is clarified that promotion shall be effected from the date of joining. December 23, 2025 (Sandeep Sharma), (manjit) Judge