A pharmacist petitioner challenged his pending transfer as a government servant. The court held that posting decisions lie with the employer and directed the respondent to decide on the petitioner's representations within four weeks.
Respondent No.2 directed to take a final decision on petitioner's representations within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF MARCH, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.895 of 2022
Between:-
DALJEET KUMAR, AGED ABOUT 41 YEARS, S/O SH. BAKSHI RAM, RESIDENT OF VPO SWDN4, IPH, JASWAN, DISTRICT KANGRA, H.P. PRESENTLY WORKING AS PHARMACIST IN PRIMARY HEALTH CENTER KOHBAG, BLOCK MASHOBRA, TEHSIL AND DISTRICT SHIMLA, H.P.
…..PETITIONER
( BY MS. SALOCHNA RANA, ADVOCATE )
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (HEALTH) TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA-171002.
2. DIRECTOR, HEALTH SERVICES, HIMACHAL PRADESH, SHIMLA-171009.
…..RESPONDENTS
2
( BY SH. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE GENERAL)
This petition coming on for orders this day, Hon’ble
Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
This writ petition has been filed by petitioner Daljeet Kumar contending that he has completed more than 7 years as Pharmacist in Primary Health Center Kohbag, Block Mashobra, Tehsil and District Shimla, where he was initially appointed on 27.07.2015. As per the Policy of the respondents, he is now due to transfer to some other place. It is further contended that the petitioner has also made representations in August 2021 and thereafter on 02.01.2022, indicating therein the places of his choice, but so far no action has been taken by the respondents.
3
period of four weeks from the date of production of a copy of this
order.
( Mohammad Rafiq ) Chief Justice
March 07, 2022
( Jyotsna Rewal Dua ) Judge
(vt)
3 issues framed by the court
Whether the employer has discretion over the posting and transfer of a government servant.
Whether the petitioner is entitled to a final decision on his representations regarding the place of transfer.
Whether the petitioner is entitled to medical leave or relief due to health reasons during transfer.
1 provisions across 1 enactments
Daljeet Kumar
State of Himachal Pradesh Through Its Principal Secretary (Health) to the Govt. of Himachal Pradesh, Shimla-171002
Director, Health Services, Himachal Pradesh, Shimla-171009
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
