IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 9969 of 2026. Decided on : 2 nd July , 2026. Anu Kumari ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioner: Mr. K.K. Verma, Advocate. For the respondents: Mr. R.P. Singh, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral). By way of instant petition, the petitioner has prayed for following reliefs:- “i) Issue a writ of mandamus directing the Respondent No. 2 to forthwith decide and dispose of the pending representation dated 01.01.2026 (Annexure P-4) of the petitioner, by way of a reasoned and speaking order, after affording opportunity of hearing to her, and to transfer the petitioner from her present place of posting, i.e., IGMC Shimla, to one of the stations of her choice, namely, CHC Bhoranj, CH Bhareri, CHC Baldwara, CHC Touni Devi, PHC Hatwar, or any other station within District Hamirpur, against any available vacant post or as a longer stayee, having due regard to her genuine and compelling family circumstances andthe medical condition of her minor disabled son; ii) Issue a writ of certiorari to quash and set-aside the impugned order dated 14.08.2025 (Annexure P-3) passed by Respondent No. 2, to the extent the same declines/defers consideration of the petitioner's case for transfer; iii) Issue a writ of mandamus directing the Respondents to treat the petitioner at par with similarly situated employees, including Ms. Anju Sharma, Staff Nurse (Annexure P-5), and to 1 Whether reporters of the local papers may be allowed to see the judgment? extend the same beneficial treatment to the petitioner without any further delay.” 2. Today, learned Deputy Advocate General has handedover instructions received from Director Health Services, Himachal Pradesh, which reads as under:- “Kindly refer to orders dated 22-06-2026 passed by the Hon'ble Court in the above titled CWP. In this regard, it is submitted that pursuant to the arlier directions the Hon’ble Court passed in CWP No. 6075/2025, the case/ representation of the Petitioner In this regard, it is submitted that pursuant to the earlier directions of was rejected vide Orders dated 14-08-2025, Annexure P-3 to CWP, however with the specific stipulation that the request of the petitioner can be considered in future whenever there will fresh recruitments of Staff Nurses for IGMC Shimla and, in which eventuality, the Petitioner concerned may file a fresh representation to the Department for her transfer to any place of her choice, which request may be considered sympathetically at that relevant time, however subject to the administrative convenience, in view of the instructions issued vide letter dated 26-06-2025 w.r.t. non-relieving of existing paramedical staff and nursing personnel who had opted for the cadre of DHS consequent upon the bifurcation of cadre till the posts of nursing personnel are filled up in the Government Medical Colleges, as well as keeping in view of acute shortage of staff nurses at IGMC Shimla. Relevantly, it is not the Petitioner only whose case for transfer outside IGMC Shimla was rejected in view of the shortage of Nursing Personals in IGMC Shimla, but there were many other similarly situated persons whose cases were rejected for the time being for the same and similar reasons. However, case of Smt. Anju Sharma, Staff Nurse was considered for transfer from IGMC Shimla to CHC Bharari, District Bilaspur against vacancy on the prior approval of the Competent Authority as conveyed in view of her extreme compassionate grounds. …2… It is submitted that upon cadre bifurcation the present Petitioner had opted the cadre of Director Health Services, HP and accordingly she is required to be relieved from the cadre of Director Medical Education & Research HP to DHS HP. However, keeping in view of present Petition, a request has already been made to the Director Medical Education & Research HP by the undersigned to relieve the Petitioner to the cadre of DHS, HP, vide letter dated 24-06-2026, copy enclosed as FLAG-A. However, after being relived from DME cadre to DHS Cadre, the Petitioner will further be posted at any Health Institution of vacancy on need and requirement basis under the cadre of DHS, HP.” 3. In light of these instructions, this petition is disposed of with direction that after the petitioner is relieved from the cadre of Director Medical Education & Research HP to DHS HP, necessary orders be passed as expeditiously as possible. Pending, applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 2nd July, 2026. (jai) …3…