IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.13612 of 2026. Decided on : 12 th August, 2026. Kumari Happy ...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. Mohit Thakur, Advocate. For the respondents: Mr. Pushpinder Jaswal, Addl. Advocate General for respondents-State Ajay Mohan Goel, Judge (Oral). By way of this petition, the petitioner has, inter alia, prayed for the following reliefs: “(a) That the the impugned transfer/posting order, to the extent it displaces the petitioner from her present place of posting dated 31.07.26 may be quashed and set aside. The respondents may be directed to give opportunity of hearing to the petitioner as well keeping in view her family circumstances as detailed in the Petition. (b) That in the alternative this Hon'ble court may issue appropriate directions to the respondents to adjust/post the petitioner against any suitable vacant post or against longer stay keeping in view her compelling family and medical circumstances, the severe disability of her dependent brother, 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:33899 ) and her family responsibilities, in the interest of justice and equity. (c) That the Respondents may be directed to consider Petitioner's representation Annexure P-6 in a time bound manner before giving e0ect to the impugned action.” 2. When this case was listed on 10.08.2022, this Court passed the following order:- “Notice con3ned to respondents No.1 to 4 at this stage. Mr. Rahul Thakur, learned Deputy Advocate General appears and waives notice on behalf of the respondents-State. During the course of the hearing of this petition, this Court perused certi3cate Annexure P-3. A perusal of Annexure P-3 demonstrates that said certi3cate has been issued by Dr. Anshul Goel, MD Medicine, Fellowship Physician and Rheumatologist, Karan Hospital, Palampur, dated 3rd August 2026, in terms whereof, the petitioner is stated to be su0ering from advanced rheumatoid arthritis for the last 36 years. Now, a perusal of the a<davit 3led by the petitioner along with the writ petition in support of the writ petition demonstrates that the age of the petitioner is 46 years. This Court is really intrigued that the petitioner is su0ering from advanced rheumatoid arthritis since the age of 9 years. It is also intrigued by the fact that this certi3cate stands issued on 3rd August, 2026 by the doctor concerned, certifying that the petitioner is su0ering from this disease for the last 36 years i.e. after the impugned transfer order was passed by the authorities. Before any further order is passed in this case, learned Additional Advocate General shall inquire through the o<ce of the Superintendent of Police, Kangra as to what is the age of Dr. Anshul Goel, who has issued the certi3cate that the petitioner is su0ering from rheumatoid arthritis for the last 36 years. Court shall also be informed that when did the doctor 3 ( 2026:HHC:33899 ) complete his MBBS and higher quali3cations and since when he is practicing as a doctor in Karan Hospital, Palampur. Said doctor may also be asked to intimate that on the basis of what material, he has issued the certi3cate that the petitioner was su0ering from the said disease for the last 36 years. List on 12th August, 2026.” 3. Today, learned Additional Advocate General has handed over instructions received from Superintendent of Police, Kangra, relevant part whereof reads as under:- “In pursuance of the aforesaid directions, this o<ce, vide letter No 43003 dated 10.08.2026, directed the SHO Police Station Palampur to verify the aforesaid facts and to submit detailed report, along with supporting documents, to this o<ce. Accordingly, the SHO, Police Station Palampur, submitted a report submitting therein that, on 10.08.2026, he obtained information in writing from the Dr. Karan Sharma, the Director of Karan Hospital, Palampur. On perusal of the information so obtained, the following facts have emerged: 1. That, the age of Dr Anshul Goel is 42 years. 2. That, Dr Anshul Goel has issued a medical certi3cate on 03.08.2026 in favour of the petitioner, certifying that she has been su0ering from rheumatoid arthritis for the last 36 years. 3. That, as per the written information furnished by Dr. Karan Sharma, the aforesaid Certi3cate was issued by Dr Anshul, on the basis of the history furnished to him by Mrs Kumari Happy, wherein it was stated that She had been su0ering from Rheumatoid Arthritis for last 36 years. The other facts and circumstances are contained in the said written information, a copy whereof is annexed herewith as Annexure R-1. 4 ( 2026:HHC:33899 ) 4. That Dr Anshul Goel completed his MBBS degree in the year 2007 & MD degree in the year 2014. 5. That Dr Anshul Goel has been serving in the Karan Hospital, Palampur, since 10.05.2021. (A Copy of information is annexed herewith as Annexure R-2). In view of the aforesaid facts and submissions, the compliance report in terms of order dated 10.08.2026 is submitted for kind perusal which may kindly be taken on record in the interest of justice and fair play please.” 4. Alongwith the instructions, a certi1cate issued by Dr. Anshul Goel, dated 10.08.2026 has been appended which reads as under:- “To Whom it May Concern. Mrs. Kumari Happy has given history that she is su0ering from Rheumatold Arthritis for the last 36 years. Earlier she was being treated at PGI Chandigarh. Later, when she followed up with. Dr Anshul Goel at Karan hospital, Palampur since 10/9/22, she had advanced Rheumatoid Arthritis with deformitles. She is being treated for it since then as OPD case. I issued this certi3cate on 03- 08-2026, declaring that the disease - Rheumatoid Arthritis, is a chronic disease & prolonged treatment with regular medical supervision is required.” 5. Further, along with the instructions a letter dated 10.08.2026, addressed by Dr. Karan Sharma, Director Karan Hospital, Palampur to the SHO Palampur is also appended, which reads as under:- “Subject: Record in connection with CWP NO. 13612/2026- 43003 of Kumari Happy UHID (13363) 5 ( 2026:HHC:33899 ) Sir, Following are the details of queries:- 1. Age of Dr. Anshul Goel-42yrs. Address of Dr. Anshul Goel-R/o Amrit Villa PO. Nachhir, Bandia, Palampur Distt. Kangra (H.P). 2. Year of completion of MBBS-2007 & M.D. completion 2014. 3. Since when he is serving in Karan Hospital-10-05-2021. 4. Facts and treatment history of Kumari Happy of the basis of which certi3cate about Rheumatoid Arthritis was issued as given By Dr. Anshul Goel is attached with.” 6. Now, except the bald assertion in the certi1cate issued by Dr. Anshul Goel in favour of the petitioner, that she was su9ering from advanced rheumatoid arthritis for the last 36 years, on the basis of history given by the petitioner, nothing has been appended with the above instructions to demonstrate this fact. There is no document appended either by the petitioner with the petition or by the doctor concerned, nor any document has been handed over on behalf of the petitioner to the Court today that she indeed was treated at PGI Chandigarh for the disease in question as is stated in the certi1cate issued by the doctor. 7. In the light of this fact, this Court orders the Chief Secretary of the Government of Himachal Pradesh to ensure that Government servants are discouraged from obtaining medical certi1cates from private practitioners, especially in the cases of 6 ( 2026:HHC:33899 ) leave or transfer. Such certi1cates, if issued, should be viewed with circumspection, until and unless medical certi1cate is supported by contemporaneous record. The employees should be impressed upon to have the medical certi1cates from Government hospitals only. In fact, the experience of the Court is that more often than not, such certi1cates are being procured by the employees and the certi1cates issued by private practitioners do not re=ect the correct medical history of the employee. Therefore, in future, it be ensured that in such like cases, the employees ordinarily do obtain medicalcerti1cates only from Government medical hospitals or Government medical health centers. 8. The Chief Secretary is called upon to consider the matter and issue necessary directions in this regard to the Heads of all the Departments concerned. For the purpose of compliance of this part of the order, list on 7th September, 2026. 9. Now coming to the facts of this case, in light of the fact that the petitioner has already completed her stay at the present place of posting, though this Court is not interfering with the transfer order, but as prayed for by learned counsel for the 7 ( 2026:HHC:33899 ) petitioner, this petition is disposed of with the direction that the petitioner shall be at liberty to approach the Competent Authority for her adjustment at some other station of her choice by way of a representation within a period of one week from today, which shall be decided by the Competent Authority within two weeks thereafter by passing a speaking and reasoned order. Till then, the petitioner may not be forced to join the station to which she is transferred and she can avail the kind of leave due to her. 5. Pending applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 12th August, 2026. (jai)