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Himachal Pradesh High Court · body

2012 DIGILAW 629 (HP)

Ravi Kumar v. State of Himachal Pradesh

2012-09-26

DEEPAK GUPTA, RAJIV SHARMA

body2012
JUDGMENT Rajiv Sharma, Judge. Petitioner was appointed as Ayurvedic Medical Officer in the year 1988. He was transferred to Ayurvedic Health Centre, Sulyali, District Kangra in the month of February, 1998. Thereafter, he was transferred to Ayurvedic Health Centre, Bhapoo in the year 2003. He was transferred to District Kinnaur. However, he was adjusted. Subsequently, he was transferred from A.H.C. Bhapoo to A.H.C. Bodha, District Kangra. He obtained stay order by filing O.A. No. 64/2005. Thereafter, he was transferred from A.H.C. Bhapoo to A.H.C. Chanohatta, District Chamba vide order dated 2.8.2007. He filed O.A. No. 314/2007 against the transfer order. The same was directed to be treated as representation to the Secretary, Ayurveda. The same was decided vide office order dated 14.11.2007. Thereafter, petitioner was transferred from A.H.C. Bhapoo to A.H.C. Dameul, District Lauhal and Spiti on 24.3.2011. He approached this Court by way of CWP No. 2300/2011 to assail order dated 24.3.2011. CWP No. 2300/2011 was disposed of by this Court on 19.4.2012. Petitioner made a representation, which was considered and the transfer of the petitioner from A.H.C. Bhapoo to A.H.C. Dameul, District Lahaul and Spiti was cancelled. Petitioner has now been transferred from A.H.C. Bhapoo to G.A.H.C. Phancha (Shimla). 2. It is evident from the facts enumerated hereinabove that the petitioner remained posted at A.H.C. Bhapoo for the last nine years. 3. Mr. Ashwani Kaundal has argued that the petitioner is suffering from heart ailment and he has been advised by the Doctor not to be posted at high altitude. 4. We have gone through the certificates placed on record by the petitioner. One of the certificates Annexure P-4 has been issued in the year 2004. Annexure P-5 has also been issued on 28.8.2004. It is also evident from order dated 14.11.2007 passed by the Secretary (Ayurveda) that vide Annexure P-3 that petitioner is suffering from diabetes and is under supervision of a cardiologist at Pathankot and is due for a minor surgery. This order was passed on 14.11.2007. It can safely be presumed that in the meantime, the petitioner might have undergone surgery and the disease suffered by him is not serious. He is only suffering from diabetes. The cadre of Ayurvedic Medical Officer is State cadre. This order was passed on 14.11.2007. It can safely be presumed that in the meantime, the petitioner might have undergone surgery and the disease suffered by him is not serious. He is only suffering from diabetes. The cadre of Ayurvedic Medical Officer is State cadre. We see no reason why the person, who has remained posted in A.H.C. Bhapoo, District Kangra for nine years, should not serve the people in the interior area like Phancha, District Shimla. 5. Petitioner has no indefeasible right to remain posted at a particular place. Transfer is an incidence of service. The scope of judicial review in these matters is very limited. The Court may intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. Petitioner has not alleged any specific mala fides. There is no arbitrariness or unreasonableness in the transfer order whereby the petitioner has been transferred from A.H.C. Bhapoo to G.A.H.C. Phancha (Shimla). 6. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.