2025:HHC:18882 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2436 of 2025 Decided on: 19.06 2025 _________________________________________________________________ Dr.Anita Sharma ....Petitioner Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. K.B. Khajuria, Advocate, For the respondents: Mr. L.N.Sharma, Learned Additional Advocate General for respondents No. 1 to 3 Mr. Virbahadur Verma, Central Government Counsel for respondent No.4. Jyotsna Rewal Dua, Judge Learned counsel for the petitioner submits that the petitioner has been selected as Assistant Professor (Anesthesia) in All India Institute of Medical Sciences (AIIMS) Bilaspur, where she is to join the duties by 30.06.2025. Petitioner intends to join AIIMS Bilaspur and therefore is 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2025:HHC:18882 - 2 - desirous to resign from the post currently held by her in the respondent-Health Department. Learned counsel further submitted that the petitioner would be submitting her unconditional resignation to the concerned authority on 20.06.2025 latest by 5.00 P.M. Learned counsel also invited reference to the order dated passed in Ajay Kumar Chauhan Vs. State of H.P. & Ors.2. In the said matter, the petitioner therein had prayed for acceptance of his unconditional resignation as he was unwilling to serve with the respondents and had been offered appointment in AIIMS Bilaspur. The Court inter-alia held as under:- “9. Thereafter, the applicant/appellant has filed this application on 26.12.2024 with the submission that his resignation be accepted as a unconditional resignation, as he is unwilling to serve with the present employer as he has been offered appointment in AIIMS Bilaspur and he wants to excel his career in future. 10. In view of this application, learned Additional Advocate General was directed to have instructions in this regard. 11. Today, learned Additional Advocate General has expressed his inability to have instructions because of closure of offices on account of death of Ex-Prime Minister Dr. Manmohan Singh. 12. Learned Counsel for appellant has submitted that yesterday offices were open and delay in adjudication of matter 2 CMP No.25696/2024 filed in LPA No.450/2024 decided on 27.12.2024 2025:HHC:18882 - 3 - would hamper his future causing irreparable loss to him as AIIMS Authority may withdraw the offer of appointment. 13. In the aforesaid facts and circumstances, this application is taken for consideration and considering the averments made in application and the submissions made on behalf of parties, the applicant/appellant is permitted and directed to submit his unconditional resignation to the Principal Secretary (Health) to the Government of Himachal Pradesh, on or before 30.12.2024 and in such eventuality, such resignation shall be accepted by the concerned Authority on the very same day, subject to final outcome of present appeal and thereafter, applicant/appellant shall be at liberty to join in AIIMS Bilaspur or wherever he intends to join. 14. In case, concerned Authority is not available and resignation is submitted or no formal order of accepting resignation is passed by the concerned Authority, the unconditional resignation of the appellant/applicant shall be deemed to have been accepted and he shall be deemed to have been relieved from his duty. The application stands disposed of.” 2. It is not in dispute that the aforesaid directions have been implemented by the respondents. Petitioner seeks parity with the case of Ajay Kumar Chauhan. Learned counsel for the petitioner has also placed reliance upon Dr. Reetika Sharma Vs. State of Himachal Pradesh and Ors3, wherein relying upon the aforesaid order passed in case of Ajay 3 CWP No.2451 of 2025, decided on 02.04.2025 2025:HHC:18882 - 4 - Chauhan2 as also Dipanshu Dhiman Vs. State of H.P.4, it was ordered that petitioner’s resignation from the post of Assistant Professor Pathology , IGMC Shimla for joining the post of Assistant Professor Pathology at AIIMS Bilaspur, be deemed to have been accepted. Operative part of the decision reads as under:- “10. Consequently, in view of the above, this Court finds merit in the present petition and accordingly same is allowed. The provisional ‘NOC’ issued to the petitioner in terms of order dated 19.02.2025 shall be deemed to be ‘NOC’ for all intents and purposes. Similarly, resignation dated 1.4.2025 submitted by the petitioner shall be deemed to have been accepted. Respondents are directed to relieve the petitioner immediately. Petitioner shall be entitled to all service benefits arising out of her service with the respondents in accordance with law. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.” Learned counsel for the petitioner submits that respondents have accepted and implemented the directions in all the aforementioned decisions. Since the petitioner has been selected as Assistant Professor at AIIMS Bilaspur and she is required to join there on or before 30.06.2025 and the fact that petitioner has 4 CWP No.4319 of 2025 decided on 27.03.2025 2025:HHC:18882 - 5 - offered to resign from the post currently held by her in the respondent-Health Department, therefore, following the directions in case of Ajay Kumar Chauhan2, Dr.Reetika Sharma3 and Dipanshu Dhiman4 this writ petition is disposed of with following directions: - In case, the petitioner submits her unconditional resignation by 5.00 P.M. on 20.06.2025 to the respondents- competent authority, the respondents-competent authority may pass formal order of acceptance of petitioner’s resignation within next two days. In case, no formal order of acceptance of petitioner’s resignation is passed by the respondents- competent authority within the aforesaid period, then the unconditional resignation of the petitioner shall be deemed to have been accepted and the petitioner shall be deemed to have been relieved from her duty after expiry of the aforesaid period. Petitioner shall be entitled to all service benefits due to her as on date in accordance with law. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge June 19, 2025 R.Atal