2025:HHC:6182 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2326 of 2025 Decided on: 17th March, 2025 ------------------------------------------------------------------------------------- Dr. Ankur Rana …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Peeyush Verma, Senior Advocate with Mr. Ajay Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner is a Medical Officer and belongs to State cadre. His grievance is to the office order dated 11.02.2025 (Annexure P-1), whereby he was transferred from ESI Dispensary Kala Amb, District Sirmour to PHC Jeori, District Shimla. 2. Learned Senior Counsel for the petitioner contended that the petitioner had completed only one year of stay at his present place of posting, i.e. ESI Dispensary Kala Amb, District Sirmour. That the petitioner has been transferred without allowing him to complete his normal 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2025:HHC:6182 tenure of three years at his present place of posting. It was also submitted that the petitioner has been subjected to frequent transfers in last three years. Such frequent transfers have caused hardship to the petitioner. Learned Senior Counsel also submitted that petitioner’s father has undergone prostate cancer surgery. It was also urged that the impugned office order has not been issued with the prior approval of the competent authority, which was required to be taken for issuing transfer order during the ban ‘period’ imposed on transfers. 3. Learned Deputy Advocate General has placed on record office instructions dated 17.03.2025 and submitted that no separate reply is required to be filed by the respondents as the instructions clearly point out that the petitioner has remained posted at ESI Dispensary Kala Amb, District Sirmour for most of his service career. Therefore, there is no error in respondents’ transferring him from ESI Kala Amb to PHC Jeori, District Shimla. 4. Following incumbency position of the petitioner, as tabulated by the respondents in their office instructions dated 17.03.2025, is not in dispute:- Sr. No. Name of Health Institution where Dr. Ankur Rana, MO was posted Tenure 1 ESI Kala Amb, Distt. Sirmour 10-09-2010 to 12-11-2015 2 MCM Patlien Paonta Sahib, Distt. Sirmour 12-11-2015 to 17-08-2016 3 2025:HHC:6182 3 ESI Kala Amb, Distt. Sirmour 17-08-2016 to 01-05-2018 4 Selected for pursuing PG Course at IGMC Shimla (MD) Microbiology) 12-05-2018 to 30-11-2021 5 Dr. YSPGMC Nahan, Distt. Sirmour w.e.f. 01-12-2021 to 10-06-2022 6 ESI Kala Amb, Distt. Sirmour 16-06-2022 to 11.02.2025 7. The petitioner was transferred from ESI Kala Amb to Dr. YSPGMC Nahan but he had not joined at Dr. YSPGMC Nahan and proceeded for Medical leave from 16/02/2024 to 02/03/2024. The transfer order was later on cancelled on 04/03/2024, therefore, Dr. Ankur Rana, joined back at ESI Kala Amb. Now he has been transferred to PHC Jeori Distt. Shimla on 11/02/2025 against vacancy. (i). From the above table, it is apparent that ESI Dispensary Kala Amb, District Sirmour was the first posting of the petitioner, where he spent more than five years. Thereafter, for about a year, he served in MCM Patlion Paonta Sahib, District Sirmour and then for about two years, again at ESI Dispensary Kala Amb, District Sirmour. The petitioner served for about eight years in District Sirmour w.e.f. 10.09.2010 to 01.05.2018, out of which, most of his service was in ESI Dispensary Kala Amb, District Sirmour. (ii). The petitioner at his own option, pursued Post Graduation Course [MD (Microbiology)] at IGMC, Shimla w.e.f. 12.05.2018 to 30.11.2021. On completion of this course, he again got transferred to District Sirmour, this time at Dr. YSPGMC Nahan. He remained there for about six months, i.e. 01.12.2021 to 10.06.2022. Petitioner was 4 2025:HHC:6182 once again transferred to ESI Dispensary Kala Amb, District Sirmour on 11.06.2022, where he is serving till date. (iii). Petitioner’s contentions that he has been subjected to frequent transfers and is being harassed unnecessarily by the respondents are not borne out from the record. Rather, the record shows that since his first posting on 10.09.2010, petitioner has served for more than 12 years in District Sirmour, out of which for almost ten years, he has remained posted at one particular place, i.e. ESI Dispensary Kala Amb, District Sirmour, where he is still serving. (iv). Petitioner has completed about two years and nine months now even from the date of his last posting in ESI Dispensary Kala Amb, District Sirmour. (v). From the incumbency position, it is evident that ESI Dispensary Kala Amb, District Sirmour is the preferred station of the petitioner. Respondents have accommodated the petitioner for about ten years and permitted him to discharge his duties at the particular station. Petitioner is a Class-I Officer, falls in the State cadre and is liable to be posted anywhere in the State. 5. For the foregoing reasons, no interference with the impugned transfer order is called for. Accordingly, there 5 2025:HHC:6182 is no merit in the instant writ petition. The same is dismissed alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 17, 2025 Judge Mukesh