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2024 DIGILAW 23 (HP)

Bir Singh v. State of Himachal Pradesh

2024-01-04

RANJAN SHARMA

body2024
JUDGMENT : Ranjan Sharma, J. Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the orders intended to be passed herein. 3. The petitioner has filed the instant writ petition with the following prayers:- “(I) “Respondents may kindly be directed to consider and decide the representation of the petitioner i.e. Annexure P-2 in a time bound manner. (II) Respondents may kindly be directed to transfer the petitioner from Regional Hospital Chamba to Civil Hospital Kolad at Pangi, District Chamba, H.P.” 4. The only grievance of the petitioner is that he served as a Part-Time Worker in Health Kiryuni at Pangi, District Chamba, Himachal Pradesh, which is a categorized tribal area w.e.f. 2005 to 2015. He was converted on daily wages basis in 2015, when the petitioner was posted in Regional Hospital, Chamba, District Chamba, till his regularization in Regional Hospital, Chamba in 2020, where he is working till day. 5. In the above background, the case of the petitioner is that he had served in tribal area at Pangi from 2005 to 2015 and now at Regional Hospital, Chamba, from 2015 till December, 2023, where he is continuing as yet and in view the adversarial family conditions, the petitioner has made a representation dated 02.12.2023 [Annexure P-2] to Respondent No.2-Director, Health Services, Himachal Pradesh, for transferring him from soft area, i.e. Regional Hospital, Chamba to the tribal area of Pangi, but the respondents have neither considered nor passed the appropriate orders till day. 6. This is a peculiar case, where normally the employees of the State Government, who are posted in soft areas, do not intend to go to difficult or tribal areas, but this case is an exception, where, the petitioner, who is serving in soft area is intending to serve in tribal area. 7. In aforesaid background, this Court directs Respondent No.2-Director, Health Services, Himachal Pradesh, Shimla, to consider/examine the representation dated 02.12.2023 [Annexure P-2] and to pass appropriate orders, within fifteen days from today. 8. Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open. 7. In aforesaid background, this Court directs Respondent No.2-Director, Health Services, Himachal Pradesh, Shimla, to consider/examine the representation dated 02.12.2023 [Annexure P-2] and to pass appropriate orders, within fifteen days from today. 8. Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open. In the aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.