Himachal Pradesh High Court
Anjana Thakur vs State Of Himachal Pradesh & Ors on 18 November, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 18th DAY OF NOVEMBER, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,
.
&
HON'BLE MR. JUSTICE VIRENDER SINGH
CIVIL WRIT PETITION No.7560 of 2022
Between:-
ANJANA THAKUR
...PETITIONER
(BY MR. MUKESH SHARMA, ADVOCATE VICE MR. RAJIV RAI,
ADVOCATE)
AND
STATE OF HIMACHAL PRADESH & ORS.
r ...RESPONDENTS
(MR. AJAY VAIDYA, SENIOR ADDITIONAL ADVOCATE
GENERAL, FOR RESPONDENT NOS. 1 AND 2,
MR. NARESH K. SHARMA, ADVOCATE, FOR RESPONDENT NO.3).
WHETHER APPROVED FOR REPORTING?
This petition coming on for admission this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
following:
ORDER
Learned Senior Additional Advocate General has placed on record instructions dated 17th November, 2022, relevant portion whereof, read as under:-
"In this regard, it is submitted that the present transfer of the petitioner from RH Bilaspur to IGMC Shimla vide office order dated 11.10.2022, Annexure P-1, has been made on the approval of the competent authority at an instance of private respondent No.3 and vice versa, that too after completion of her normal stay of more than 6 and half ::: Downloaded on - 19/11/2022 20:33:52 :::CIS 2 years at the present place of posting i.e. RH Bilaspur. It is added that the plea raised by the petitioner on the basis of having been transferred on the D.O. Note is not sustainable as on an earlier occasion, the petitioner had herself been the beneficiary of the DO Note as she had procured the DO Note No. Secy/CM-07048/2012-VIP-B-326719 dated 12.04.2016, .
for getting herself transferred from IGMC Shimla to RH Bilaspur vide one Smt. Savita Devi and vice versa.
It is further submitted that in so far as the adjustment of the petitioner at CHC Markand or PHC Baggi (Sungal) in District Bilaspur against vacancy is concerned as been pleaded, it is submitted that the incumbents posted at both the above places though ordered to be promoted further to the post of Ward Sister, could not have presently been relieved due to enforcement of model Code of conduct and till confirmation of their joining at the next stations after relieving, there cannot be said to be any vacancy at the aforesaid stations."
2. Now, that the respondents are ready to consider the case of both the parties qua their relieving after the enforcement of model Code of Conduct, we deem it appropriate to dispose of this petition, based upon the instructions dated 17th November, 2022.
Ordered accordingly. Petition stands disposed of, so also pending miscellaneous application(s), if any.
3. Now to come up for compliance on 22.12.2022.
(Tarlok Singh Chauhan) Judge (Virender Singh) Judge November 18, 2022 (Vinod ) ::: Downloaded on - 19/11/2022 20:33:52 :::CIS