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2025 DAILYLAW 36592 (HP)

RAJNI BASSI v. THE STATE OF HP AND OTHERS

CWP/20729/2025 · 2025-12-31

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20729 of 2025 Date of Decision: 31.12.2025 _____________________________________________________________________ Rajni Bassi ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Dinesh Bhanot, 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 has been recently promoted to the post of Ward Sister, Level-11, in the pay matrix of Rs. 38500-122700 on regular basis, is aggrieved of office order dated 20.12.2025, whereby she has been given posting at CHC Barotiwala, District Solan, Himachal Pradesh to CH Chail, District Solan, Himachal Pradesh. 2. Admittedly, prior to petitioner’s posting at CH Chail on her promotion, petitioner had been working at CHC Barotiwala for more than three years. Though it has been fairly admitted at the behest of the petitioner that she has completed normal tenure of posting at Barotiwala, but challenge has been laid to her fresh posting at CH Chail on the ground that on account of adverse family circumstances, it may not be possible for the petitioner to join at the transferred - 2 - station. Since husband of the petitioner has expired during CORONA and there is none to take care of her minor daughter, petitioner has approached this court in the instant proceedings, seeking therein direction to the respondents to let her remain posted at present place of posting i.e. CHC Barotiwala. 3. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that since year 2016, petitioner has been continuously working at CHC Barotiwala and Baddi. He states that otherwise also, petitioner is being sent to CH Chail on promotion, to which, she cannot have any grouse. 4. Though having taken note of the fact that petitioner is already completed normal tenure of posting at CHC Barotiwala coupled with the fact that she has been sent to CH Chail on promotion, there appears to be no justification to interfere with the impugned order and as such, same is upheld, however having regard to the adverse family circumstances as came to be pointed to this court during proceedings of the case, this Court, without going into merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation within one week for her adjustment at a convenient place, which in turn shall be - 3 - considered and decided by the competent authority, expeditiously, preferably, within two weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order taking note of observations made herein above. Till the time, representation, if any, filed within the stipulated time is decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Present petition is disposed of alongwith pending applications, if any. December 31, 2025 (Sandeep Sharma), (manjit) Judge