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2025 DAILYLAW 36212 (HP)

PRIYANKA GUPTA v. STATE OF HP AND ORS

CWP/17867/2025 · 2025-11-17

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17867 of 2025 Date of Decision: 17.11.2025 _______________________________________________________ Dr. Priyanka …….Petitioner Versus State of H.P. and others ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. B. Nandan Vasishta, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate Generals with Mr. Anish Banshtu, Deputy Advocate Generals. _______________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Medical Officer at Sh. Lal Bahadur Shastri Government Medical College & Hospital, Nerchowk, District Mandi, Himachal Pradesh ( for short ‘ SLBSGMC’), is aggrieved of order dated 12.11.2025 (Annexure P-3), whereby she has been transferred from afore station to PHC, Batheri, District Mandi, Himachal Pradesh. 2. In nutshell, the grouse of the petitioner as has been highlighted in the instant petition and further canvassed by learned counsel for the petitioner, is that impugned transfer order is in violation of transfer policy, because petitioner has not been permitted to complete her normal tenure of posting at present place of posting. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 He states that petitioner has been transferred from afore station to PHC, Batheri within a period of five months. 3. To the contrary, learned Deputy Advocate General states that prior to petitioner’s posting at ‘SLBSGMC, Nerchowk, District Mandi, she was posted at Civil Hospital, Gohar, District Mandi, Himachal Pradesh. He states that she remained posted within the radius of 30 KMs for more than three years and as such, no illegality can be said to have been committed by the respondents, while passing the impugned transfer order. 4. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Anish Banshtu, learned Deputy Advocate General. 5. Since it is apparent from the pleadings adduced on record by the petitioner, which are duly supported by the affidavit that prior to her posting at SLBSGMC', Ner Chowk, which admittedly was done five months back, petitioner was posted at Civil Hospital, Gohar, which is at a distance of 20-23 Kms from the present place of posting, this Court sees no illegality or infirmity in the impugned transfer order. However, having taken note of the fact that father of the petitioner is suffering from cancer and petitioner was posted at Sh. Lal Bahadur 3 Shastri Government Medical College & Hospital, Nerchowk on the ground of illness of her father, 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 to the competent authority within a period of two days, praying therein for her adjustment/ transfer at a convenient station, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days. 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 order, taking note of serious illness of father of the petitioner as well as vacancies, if any, available at nearby station. Till the time representation, if any, filed by the petitioner within period of two days, is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge November 17, 2025 (shankar)