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2025 DIGILAW 617 (HP)

Vishal Rana v. State of Himachal Pradesh

2025-04-03

SANDEEP SHARMA

body2025
JUDGMENT : Sandeep Sharma, J. 1. Petitioner herein is aggrieved of order dated 27.01.2025 passed by Secretary (Health) to the Government of Himachal Pradesh on the representation filed by the petitioner herein in terms of order dated 02.01.2025 passed by Coordinate Bench of this Court in Civil Writ Petition No. 68 of 2025, whereby direction was issued to consider the representation of the petitioner for his transfer from the present place of posting to one of the station of his choice, on account of his having completed normal tenure of posting in hard area. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vikrant Chandel, learned counsel representing the petitioner is that though in terms of order dated 02.01.2025, respondents have decided the representation of the petitioner, but yet he has not been given the station of his choice, rather, has been ordered to be transferred at a distance of 130 kilometers from his native place. While making this Court peruse representation filed by the petitioner, Mr. Chandel states that petitioner has sought transfer to the stations namely: (1) PHC Bhota, District Hamipur, (2) Dr. RKGMC Hamirpur, (3) CH Tauni Devi, District Hamirpur, (4) CHC Bijhari, Block Barsar, District Hamirpur and (5) CHC Jhandutta, District Bilaspur, but he has been ordered to be transferred to PHC Toba, Block Shree Naina Devi Ji, District Bilaspur. While referring to impugned order dated 27.01.2025, Mr. Chandel states that though post of Medical Officer is lying vacant at CH Tauni Devi, but yet he has not been transferred to aforesaid station. 3. To the contrary, Mr. Vishal Panwar, learned Additional Advocate General, while supporting the impugned order dated 27.01.2025, states that petitioner has no vested right to be transferred at one particular station, rather, on his request, he has been transferred to PHC Toba, Block Shree Naina Devi Ji, District Bilaspur. He states that since there is no post vacant at the stations chose by the petitioner for his posting, no illegality can be said to have been committed by the respondents while ordering transfer of the petitioner to PHC Toba, Block Shree Naina Devi Ji, District Bilaspur, which is a soft area. 4. He states that since there is no post vacant at the stations chose by the petitioner for his posting, no illegality can be said to have been committed by the respondents while ordering transfer of the petitioner to PHC Toba, Block Shree Naina Devi Ji, District Bilaspur, which is a soft area. 4. Having heard learned counsel representing the parties and perused material available on record, this Court finds that petitioner, who had been serving as Medical Officer w.e.f. 19.07.2021 at CHC Ronhat, Medical Block Shillai, District Sirmaur, which is categorized as difficult/sub-cadre area as per the principle guidelines passed by the Government of Himachal Pradesh, filed Civil Writ Petition No. 68 of 2025 tiled as Dr. Vishal Rana Vs. State of Himachal Pradesh and Others, seeking therein direction to respondents to transfer him to one of the station of his choice. Coordinate Bench of this Court having taken note of the fact that petitioner has already served hard/difficult area for a period of more than three years, disposed of the writ petition with the direction to respondents to consider and decide the representation of the petitioner in time bound manner. Though respondents, in view of order passed by Coordinate Bench of this Court, disposed of the representation, but fact remains that he has not been given the station of his choice and as such, petitioner is compelled to approach this Court in the instant proceedings. 5. Though Mr. Vishal Panwar, learned Additional Advocate General vehemently argued that transfer policy formulated by the State of Himachal Pradesh is not applicable to the case of the petitioner, because Class-I Officer can be posted anywhere in the State of Himachal Pradesh, however, such plea of him deserves outright rejection in view of law laid down by this Court in Rattan Chand Vs. State of Himachal Pradesh and Others , CWP No. 1863 of 2018 decided on 24.10.2018. In afore case, Division Bench of this Court while negating the submission with regard to non-application of transfer policy in case of Class-I Officer categorically held that possessing power to transfer Class-I Gazetted Officer is one thing and the manner in which such power is exercised is altogether different. Every official, whether Class-IV or Class-I, is expected to remain posted for an ordinary tenure of three years or so save where there exist administrative grounds, exigency or public interest demanding his premature transfer. Every official, whether Class-IV or Class-I, is expected to remain posted for an ordinary tenure of three years or so save where there exist administrative grounds, exigency or public interest demanding his premature transfer. It would be apt to take note of following Para of the judgment, which reads as under: “The petitioner is working as a Principal in Government Senior Secondary School. He was transferred to Government Senior Secondary School, Alampur, District Kangra, H.P in September 2017. After a few months i.e. on 24th May, 2018, he was transferred to Government Senior Secondary School(Girl) at Anni, District Kullu. He challenged that transfer order before the H.P. State Administrative Tribunal. His Original Application was disposed of with liberty to the petitioner to make a representation which was directed to be considered and disposed of. Pursuant to order dated 29th May, 2018 of the Tribunal, the Secretary (Education) to the Government of Himachal Pradesh passed the order dated 19th July, 2018, according to which the petitioner being a Class-I Gazetted Officer “can be transferred to any where in the State in exigency of the service on administrative grounds…...” In our considered view, order dated 19th July, 2018 of the Secretary (Education) to the Government of Himachal Pradesh does not meet with the requirement of principles of fair and just play. Possessing power to transfer Class-I Gazetted Officer is one thing and the manner in which such power is exercised is altogether different. Every official, whether class-IV or Class-I, is expected to remain posted for an ordinary tenure of three years or so save where there exist administrative grounds, exigency or public interest demanding his premature transfer. No such reasons find mention in the order of the Secretary (Education) to the Government of Himachal Pradesh. The same is accordingly set aside and the writ petition is disposed of with a direction to the Secretary (Education) to the Government of Himachal Pradesh to re-consider the petitioner’s request sympathetically for his posting preferably against a vacant post in District Kangra or at a place which is near to his home town. In case, the petitioner is required to be posted at a place which is already occupied by an incumbent, such incumbent should also not be transferred prematurely. In other words, uniform policy pattern be adopted as far as possible in the matter of administrative transfers. An appropriate decision be taken within two weeks. In case, the petitioner is required to be posted at a place which is already occupied by an incumbent, such incumbent should also not be transferred prematurely. In other words, uniform policy pattern be adopted as far as possible in the matter of administrative transfers. An appropriate decision be taken within two weeks. 6. Since petitioner herein has already served for more than three years in hard area, he is very much entitled to be transferred to one of the station of his choice in terms of transfer policy. Though at this stage, Mr. Vishal Panwar vehemently argued that petitioner has been posted at PHC Toba, Block Shree Naina Devi Ji, District Bilaspur, in view of orders passed by Principal Division Bench of this Court in CWPIL No.4 of 2020. He stated that in terms of orders passed in aforesaid CWPIL, vacancies of Doctors which are lying vacant for considerable time at various places in District Bilaspur and Hamirpur are being filled-up. He stated that since there is no Doctor at PHC Toba, Block Shree Naina Devi Ji, District Bilaspur, for considerable time, coupled with the fact that afore station falls in the District Bilaspur, which is considered as soft area, petitioner herein has been transferred to that station. 7. To refute aforesaid submission of learned Additional Advocate General, Mr. Vikrant Chandel, learned counsel representing the petitioner made available communication dated 21.02.2025 addressed to Advocate General by Special Secretary (Health) to the Government of Himachal Pradesh. Perusal of aforesaid communication reveal that Special Secretary (Health) to the Government of Himachal Pradesh specifically apprised Advocate General to the State of Himachal Pradesh that there is no legal bar in view of the directions passed by Division Bench of this Court in CWP No.68 of 2025 and CWPIL No.4 of 2020, to post/adjust the Medical Officer at District Bilaspur and Hamirpur. As per aforesaid communication, Medical Officer seeking transfer can be posted at any of the Station available in aforesaid Districts. As per aforesaid communication, Medical Officer seeking transfer can be posted at any of the Station available in aforesaid Districts. Since in the case at hand, it is apparent from the perusal of impugned order dated 27.01.2025 that one post of Doctor is lying vacant in CH Tauni Devi, CHC Bijhari and CHC Jhandutta, District Bilaspur, which are otherwise station of choice, detailed by the petitioner in his representation, impugned order dated 27.01.2025 passed by Secretary (Health) to the Government of Himachal Pradesh in purported compliance of order dated 02.01.2025 passed in CWP No.68 of 2025 is not sustainable in the eye of law. 8. Consequently, in view of the above, present petition is allowed and order dated 27.01.2025 is quashed and set-aside with the direction to respondents to consider the representation of the petitioner afresh, taking note of vacancies of Medical Officer, which are claimed to be lying vacant at CH Tauni Devi, CHC Bijhari and CHC Jhandutta, District Bilaspur, expeditiously, preferably within a period of two weeks. Needless to say, authority concerned while doing the needful shall afford an opportunity of hearing to the petitioner and pass detailed order taking note of transfer policy, which admittedly makes an employee entitled to transfer after his/her having completed normal tenure of posting in hard area. In case post of Medical Officer is lying vacant at PHC Susnal, District Bilaspur, respondents shall also consider transfer of the petitioner to afore station. Compliance of order shall be filed within a period of two weeks, after expiry of two weeks granted for implementation of the instant order. 9. Pending application(s), if any, also stand disposed of.