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Himachal Pradesh High Court · body

2025 DIGILAW 10 (HP)

Vikram Katoch v. State of H. P.

2025-01-02

JYOTSNA REWAL DUA

body2025
JUDGMENT : Jyotsna Rewal Dua, J. Petitioner and respondent No.3 are contesting this case to remain posted as Block Medical Officer (BMO) Tiara, District Kangra. Petitioner feels aggrieved of office order dated 20.11.2024 that transfers him from Tiara, District Kangra to Barsar, District Hamirpur, making way for posting of respondent No.3 in his place. Hence, this writ petition. 2. Sequence of orders passed by respondents No.1 and 2 leading to issuance of impugned office order:- 2(i). Vide office order dated 17.09.2024, respondent No.3, serving as Medical Officer at Civil Hospital Shahpur, District Kangra, was promoted to the post of Block Medical Officer. On such promotion, respondent No.3 was posted as BMO Sangla, District Kinnaur. 2(ii). Respondent No.3 did not join at Sangla, District Kinnaur. To accommodate him, respondent No.1 issued another office order on 07.10.2024, whereby he was adjusted as BMO Shahpur, District Kangra vice one Dr. Kavita Thakur, who, in turn, was transferred from Block Shahpur, District Kangra to Block Jaisinghpur, District Kangra. 2(iii). It appears that Dr. Kavita Thakur did not vacate her post at Block Shahpur, District Kangra. She did not join at Block Jaisinghpur, District Kangra. Respondent No.3, therefore, could not be accommodated at the place occupied by Dr. Kavita Thakur. Resultantly, respondents No.1 and 2 issued another office order on 10.10.2024, cancelling the transfer/adjustment of respondent No.3 ordered on 07.10.2024. 2(iv). Respondents No.1 and 2 next issued impugned office order on 20.11.2024 (Annexure P-1), transferring respondent No.3 to the place occupied by the present petitioner, i.e. Tiara, District Kangra and to make way for respondent No.3 to join at the transferred station, the petitioner was transferred from Tiara, District Kangra to Barsar, District Hamirpur. Petitioner feels aggrieved against his transfer from Tiara, District Kangra to Barsar, District Hamirpur. 3. Submissions:- 3(i). Learned Senior Counsel for the petitioner submitted that the petitioner had joined at Tiara, District Kangra on 08.11.2023. He had put in just about one year at the time of issuance of the impugned transfer order. Apart from the ground of short stay of the petitioner at Tiara, District Kangra, it was also submitted that the petitioner has been transferred without there being any administrative exigency or public interest, but only in order to accommodate respondent No.3. He had put in just about one year at the time of issuance of the impugned transfer order. Apart from the ground of short stay of the petitioner at Tiara, District Kangra, it was also submitted that the petitioner has been transferred without there being any administrative exigency or public interest, but only in order to accommodate respondent No.3. This submission has been made on the basis of series of office orders issued by respondents No.1 and 2 to accommodate respondent No.3, which have been noticed in para supra. Another ground taken is that respondent No.3 has remained posted in District Kangra during his entire service tenure till date. It was also highlighted that in the year 2013, respondent No.3 was posted at Civil Hospital Shahpur, District Kangra. He was transferred to PHC Seun under Block Shahpur & remained there w.e.f. 05.11.2018 to 10.01.2022 and thereafter was again posted at Civil Hospital Shahpur from 10.01.2022 till his promotion as BMO on 17.09.2024. The distance between Civil Hospital Shahpur and PHC Seun is just about 3-4 kilometers, or in other words, respondent No.3 has served within a distance of 3-4 kilometers ever since the year 2013. Vide impugned office order dated 20.11.2024, respondent No.3 has been brought to Tiara, which is at a distance of just about 17 kilometers from Shahpur. 3(ii). Learned counsel for respondent No.3 submitted that respondent No.3 was facing adverse circumstances inasmuch as his mother, aged 76 years, had suffered a stroke (CVA) on 13.05.2024. His son is studying in 10th standard from a school located at Dharamshala. The examinations thereof are scheduled in February/March, 2025. Hence, respondent No.3 had made a request for adjusting him near around Dharamshala. His request was accepted by the competent authority and consequently, the impugned office order was issued. 4. Consideration:- 4(i)(a). Learned Additional Advocate General produced the record and also the incumbency position of the petitioner as well as respondent No.3. Petitioner’s incumbency, as placed on record by respondents No.1 and 2, is as under:- Sr. No. Name of Employees Designation DOB DOA PMIS Place of Posting Since when working in this institution Name of previous three place of posting 1 Dr. Vikram Katoch Block Medical Officer 07. 06. 1973 07. 10. Petitioner’s incumbency, as placed on record by respondents No.1 and 2, is as under:- Sr. No. Name of Employees Designation DOB DOA PMIS Place of Posting Since when working in this institution Name of previous three place of posting 1 Dr. Vikram Katoch Block Medical Officer 07. 06. 1973 07. 10. 1997 17480 BMO Tiara 08.11.2023 27.06.2022 to 07.07.2022 O/o CMO Kangra at Dharamshala 07.07.2022 to 08.11.2023 BMO Shahpur 08.11.2023 to till date BMO Tiara Learned Senior Counsel for the petitioner has given the following tabulation about petitioner’s previous incumbency position:- S. No. From To Place of posting Designation 1 7.10.97 22.1.99 CHC Dadasiba, Block Dadasiba, Distt Kangra MO 2 23.1.99 20.3.02 PHC Khera, Block Bhawarna, Distt Kangra MO 3 21.3.02 14.1.03 PHC Kothikohar, Block Mahakal, Distt Kangra (Chota Bhangal) MO 4 15.1.03 19.6.03 CH Jogindernagar, Distt Mandi MO 5 20.6.03 24.5.07 PHC Khera, Block Bhawarna, Distt Kangra MO 6 24.5.07 5.8.8 O/O CMO Chamba MO 7 14.8.08 28.1.10 CH Thural, Block Thural, Distt Kangra MO 8 29.1.10 8.12.10 PHC Panchrukhi, Block Gopalpur, Distt Kangra MO 9 9.12.10 11.11.11 Study leave for PG at Chennai MO 10 12.11.11 24.1.12 PHC Panchrukhi, Block Gopalpur, Distt Kangra MO 11 24.1.12 12.9.14 Regional Health & Family Welfare Training Centre, Chheb (RHFWTC), Kangra MO 12 Deputed for 2 Year EIS training at NCDC New Delhi MO 13 17.9.16 18.1.17 Regional Health & Family Welfare Training Centre, Chheb (RHFWTC), Kangra MO 14 19.1.17 27.2.17 O/O CMO Kullu MO 15 27.2.17 18.11.19 O/O CMO Kullu MOH 16 18.11.19 7.7.22 O/O CMO Kangra at Dharamshala MOH/ BMO 17 7.7.22 8.11.23 CH Shahpur, Block Shahpur, Distt Kangra BMO 18 8.11.23 CHC Tiara, Block Tiara, Distt Kangra BMO 4(i)(b). The incumbency position of respondent No.3 as placed on record by learned Additional Advocate General is as under:- Sr. No. Period Station 1 05.07.1999 to 30.11.1999 PHC Dhemeta BMO Indora 2 01.12.1999 to 23.6.2008 PHC Durana under BMO Gangath 3 24.6.2008 to 19.07.2013 PHC Kotla under BMO Gangath 4 19.7.2013 to 04.11.2018 CH Shahpur 5 05.11.2018 to 10.01.2022 PHC Seun under BMO Shahpur 6 10.01.2022 to 10.10.2024 CH Shahpur, under BMO Shahpur 4(ii). The record produced by the learned Additional Advocate General makes it apparent that respondent No.3 had been transferred under the impugned office order at Tiara at the desire of ‘some higher authority’. The record produced by the learned Additional Advocate General makes it apparent that respondent No.3 had been transferred under the impugned office order at Tiara at the desire of ‘some higher authority’. The proposal of his transfer to the specific place, i.e. Block Tiara, District Kangra, emanated from some higher authority. It appears that the proposal to accommodate respondent No.3 at Tiara, District Kangra was resisted by the concerned Department, yet, he was accommodated under the impugned office order as BMO Tiara, District Kangra in place of the petitioner. It will be appropriate at this stage to reproduce following notes from the noting sheets produced in form of record by respondents No.1 and 2:- “Note # 8 As desired by the higher authority to put the adjustment proposal Dr. Harinder Pal Singh (who is under order of posting Block Sangla District Kinnaur on his promotion as BMO) at Block Tiara District Kangra & Dr. Vikram Katoch, BMO Tiara be transferred to Block Barsar District Hamirpur may be submitted. In this context, it is submitted that Dr. Harinder Pal Singh has been promoted to the post of BMO on 17- 09-2024 & posted at Block Sangla District Kinnaur & said doctor has not joined his duties at Sangla District Kinnaur till date. It is further submitted that Dr. Vikram Katoch, BMO currently posted at Block Tiara District Kangra w.e.f. 08-11-2023 & having a short stay of less than one year. If Dr. Vikram Kotach is to be transferred from Block Tiara District Kangra to Block Barsar District Hamirpur, it will be lead to litigation to this Department. Further, the transfer proposal in respect of Dr. Brijesh Sharma, BMO Barsar District Hamirpur to far flung area is under submission to higher authority (through E-Office bearing file No.HFW-A-B06/43/2023 Health) which is not received back in the Section till date. In view of above, file is submitted for further orders please. Note # 9 There is ban on transfers and in the instant proposal short stay of one BMO is involved hence the S/s as well as transfers is required to be approved by the HCM being competent authority. Hence approval of HCM may be obtained in the above transfer/adjustment proposal. Submitted please. Note # 9 There is ban on transfers and in the instant proposal short stay of one BMO is involved hence the S/s as well as transfers is required to be approved by the HCM being competent authority. Hence approval of HCM may be obtained in the above transfer/adjustment proposal. Submitted please. 29/10/2024 12:35 PM Sd/- Vijay Kumar Superintendent G-II” (emphasis supplied) Even though the concerned Department highlighted the fact that the petitioner has short stay of less than one year at his present place of posting (Tiara) and therefore, shifting him from Tiara, District Kangra in order to accommodate respondent No.3 might result in litigation, still the proposal was approved. The note as extracted above gives clear indication that it originated from some higher authority. The obvious inference is that it is not at the instance of the department concerned. The proposal was made only to accommodate respondent No.3. 4(iii). Respondent No.3 is a Class-I Officer. His incumbency position placed on record reflects that ever since the year 1999, he has remained posted only and only in District Kangra. In fact from the year 2013, till the issuance of the impugned office order, he has managed to serve within a radius of 3-4 kilometers in District Kangra. Respondent No.3 was promoted as Block Medical Officer on 17.09.2024 and posted as BMO Sangla, District Kinnaur. He did not join at the place, where he was transferred on promotion. He was again ordered to be adjusted as BMO Shahpur vide office order dated 07.10.2024. This is the same place from where he was promoted as BMO and transferred outside. It is another matter that office order dated 07.10.2024 could not be materialized as the incumbent posted there, i.e. Dr. Kavita Thakur, did not make way for posting of the petitioner. In order to accommodate respondent No.3 in District Kangra, respondents No.1 and 2 then issued the impugned office order on 20.11.2024, transferring him now as BMO Tiara and resultantly, the petitioner, who was serving as BMO Tiara, District Kangra w.e.f. 08.11.2023, got transferred out as BMO Barsar, District Hamirpur. Kavita Thakur, did not make way for posting of the petitioner. In order to accommodate respondent No.3 in District Kangra, respondents No.1 and 2 then issued the impugned office order on 20.11.2024, transferring him now as BMO Tiara and resultantly, the petitioner, who was serving as BMO Tiara, District Kangra w.e.f. 08.11.2023, got transferred out as BMO Barsar, District Hamirpur. The above leads to only one conclusion that the impugned office order has been issued only to accommodate respondent No.3, who otherwise has served in District Kangra throughout his service career and for the last more than 11 years, had been serving within a distance of just 3-4 kilometers even in District Kangra. The place where he has now been transferred vice the petitioner, i.e. Tiara, is just around 17 kilometers from his previous place of posting (Shahpur). Having observed above, it will also be relevant to notice that the petitioner had also been admittedly serving in District Kangra w.e.f. the year 2019 within a radius of 20-25 kilometers. It was only on passing of the impugned office order dated 20.11.2024 that he was transferred outside District Kangra to Barsar, District Hamirpur. 5. Hence, taking note of the facts and attending circumstances, the impugned office order dated 20.11.2024 (Annexure P-1) is set aside. Respondents No.1 and 2 are directed to consider the case of transfer of the petitioner and respondent No.3 afresh in accordance with law and post both of them at distance outside District Kangra, within a week from today. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. List for compliance on 09.01.2025.