Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 2145 of 2025
Decided on: 18th February, 2025 ___________________________________________________________ Sneh
....Petitioner Versus
State of Himachal Pradesh and Ors.
…..Respondents
Coram Hon’ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioner: Mr. Abhimanyu Rathore, Advocate.
For the respondents: Mr. Dalip K. Sharma, Additional Advocate General.
Ranjan Sharma, Judge
Petitioner, Sneh, a Staff Nurse, has come up before this Court, seeking the following relief(s):- (i). Issue a writ of certiorari to quash and set aside transfer order dated 23.12.2024 (Annexure P-8) forthwith.
(ii) Issue a writ of certiorari to quash and set aside relieving Office
Order dated 28.01.2025 (Annexure P-12) forthwith.
(iii) Issue directions the respondent No.1 & 2 to transfer a young & physically fit staff nurse in place of petitioner forthwith.
1 Whether reporters of Local Papers may be allowed to see the judgment?
2
2. In background of above prayers, the matter was listed, before this Court, on 7.2.2025, when, the Respondents-State authorities were directed to consider the claim of petitioner in view of medical exigencies of petitioner’s husband, which is clear from the treatment chart, Annexure P-5.
3.
Matter came up before this Court on 14.02.2025, when, the same was adjourned, so as to enable the Learned State Counsel to have Instructions in the matter in compliance to the orders dated 07.02.2025 passed by this Court.
4.
Upon listing of this case, Mr. Dilip K. Sharma, Learned State Counsel has placed on record, order dated 17.02.2025 [Taken on Record], whereby the claim of petitioner for cancellation of her transfer and retention in DDUZH, Shimla stands rejected, on the ground, that petitioner has completed about 16 years of stay at Shimla and petitioner’s husband, who is allegedly suffering from CKD (Chronic Kidney Disease) can seek medical facilities, including dialysis facility, which is available at CH Rohroo,
3 which is nearer to CHC, Tikker, i.e., transferred station; and moreover by stating that transfer of petitioner from DDUZH, Shimla to CHC Tikker, District Shimla was ordered in compliance to the directions dated 10.12.2024 ]Annexure P-1] passed by the Division Bench of this Court in CWPIL No.75/2024, directing the respondents-State Authorities to fill up the various vacant posts [including post of Staff Nurses, to which petitioner belongs] in Community Health Centre, Tikker, District Shimla in view of shortage of staff within a period of 15 days, leading to the transfer of petitioner on 23.12.2024 [Annexure P-8] and no infirmity or illegality existed in impugned orders.
5.
Faced with above situation, Learned Counsel for petitioner, on Instructions, states that petitioner may be permitted to withdraw the instant petition, so as to enable her to assail the transfer order dated 23.12.2024 and rejection
order dated 17.02.2025 afresh,
in appropriate proceedings.
6.
Prayer for withdrawal of instant petition, with liberty being innocuous is not opposed by Learned State
4 Counsel and being genuine, the same is granted.
7.
Taking into account the prayer made by Learned Counsel for petitioner, on Instructions [Paras 5 & 6 supra], the instant petition, does not survive and is dismissed as withdrawn, with liberty to petitioner to assail the above orders, hereinafter, if so desires.
In aforesaid terms, the instant writ petition as well as all pending miscellaneous application(s), if any, shall stand disposed of.
(Ranjan Sharma)
Vacation Judge 18th February, 2025 (mamta)