Petitioner medical officer sought immediate relief to pursue PG studies as barred by State policy for GDOs/MOs. Court noted lack of explicit instructions but petitioner fulfilled formalities. Directs relief within 24 hours without setting a precedent.
Relieve the petitioner from services as a Medical Officer within 24 hours.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2673 of 2020 Date of decision : 06.08.2020 Usha Thakur … Petitioner Versus State of Himachal Pradesh and others …Respondents Coram:
The Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. The Hon’ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1
For the Petitioner : Mr. Sunil Mohan Goel, Advocate. For the Respondents : Mr. Ajay Vaidya, Senior Additional Advocate General, for the State.
Anoop Chitkara, Judge(oral)
A Medical Officer who has done her MBBS and now wants to do her Post Graduation, has come up before this Court, seeking a direction to the respondents to immediately relieve her from the services as a Medical Officer enabling her to join the MD Community Medicine Course in IGMC, Shimla.
1 Whether reporters of Local Papers may be allowed to see the judgment?
…2…
(Health) to the Government of Himachal Pradesh, dated 18.9.2019, relevant portion of which reads as under:-
“I am directed to refer to your letter No.HFWH(PG)/MD/MHA/Mics Corres/2017-5621 dated 23rd August, 2019 on the subject cited above and to request you to ensure that in future GDOs/MOs may not be sponsored for doing MPH/MAE/DPH/MHA/PSM as there are already sufficient number of Medical Officers having MPH/MAE/DPH/MHA/PSM in the cadre. However, position may be reviewed after every 3 years.
Therefore, you are requested to issue suitable instructions to all the Principals/Chief Medical Officers/Medical Superintendents/Block Medical Officers in this regard accordingly.”
…3…
are not in agreement with such prayer because it is open for the State to issue appropriate notification in this regard.
With the aforesaid observations, present petition is
closed, so also the pending applications, if any.
Copy Dasti.
(L. Narayana Swamy) Chief Justice
(Anoop Chitkara),
Judge
August 6, 2020 (KS)
3 issues framed by the court
Whether the respondent-state is directed to relieve the petitioner medical officer to enable her to pursue post-graduation.
Whether the petitioner's request for relief should be treated as binding precedent.
Whether the petitioner has complied with requisite formalities including submission of bonds.
Usha Thakur
State of Himachal Pradesh
L. Narayana Swamy
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
