Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.5698 of 2026
Decided on: 03.09.2026 _________________________________________________________________ Rajesh Kumar
....Petitioner
Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vivek Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Sikandar Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge
Petitioner is serving as Medical Officer and has taken exception to the office order dated 13.03.2026 (Annexure P-2), which transfers him from Beetan Primary Health Centre, Una to Civil Hospital Amb, District Una. 2. Pursuant to the interim order dated 21.04.2026, petitioner is continuing to serve at Beetan Primary Health Centre, Una. 3. The impugned transfer has been assailed on the ground that petitioner is due to retire on 31.01.2027,
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - therefore, he should not have been disturbed at the fag end of his service career. Writ petition reflects that petitioner was posted at Beetan Primary Health Centre, Una on 6.08.2019. He has, thus, completed much more than his normal tenure at his present place of posting. Further, the respondents have assigned a specific reason for transferring the petitioner to Civil Hospital Amb, the reason being specialized six-month training in abdomino-Pelvic Ultrasonography completed by the petitioner at the expense of the state exchequer. In terms of the reply, the training was imparted to the petitioner with the specific purpose and object of deploying his acquired skills at a public health facility where ultrasound machine is available and operational. This was to ensure that benefit of specialized diagnostic services reaches the patients of the district. The reply further records that PHC Beetan, District Una, where the petitioner seeks to be posted, does not have an ultrasound machine. On the other hand, Civil Hospital Amb, within the same district, has functional ultrasound machine and is in need of trained Medical Officer in Ultrasonography. 4. The reply makes it evident that petitioner's
- 3 - posting at Civil Hospital Amb, therefore, is not merely an administrative decision, but is also rational and in public interest in view of the training imparted to him. Accordingly, this writ petition is dismissed. Interim stay granted to the petitioner shall stand vacated.
However, in view of petitioner's impending retirement on 31.01.2027, the respondents are directed to let the petitioner continue to serve at Civil Hospital Amb, District Una, till his retirement
Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua
Judge September 3, 2026 R.Atal