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Himachal Pradesh High Court

Kailash Kumari vs State Of H.P. & Others on 8 November, 2019

Bench: L. Narayana Swamy, Dharam Chand Chaudhary

    IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                                CWP No. 3356 of 2019
                                Date of decision: 08.11.2019
    _____________________________________________________




                                                                           .
    Kailash Kumari                                  .....Petitioner





                       Versus
    State of H.P. & others                          ...Respondents
    _____________________________________________________





    Coram:
    The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
    The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
    Whether approved for reporting?1
    _______________________________________________





    For the petitioner :                Mr. Rajeev Sharma, Advocate.

    For the respondents:                Mr. Ajay Vaidya, Senior Additional
                                        Advocate General with Mr. J.K. Verma, Mr.
                                        Adarsh Sharma and Mr. Ashwani Sharma,
                        r               Additional Advocate Generals.

    Dharam Chand Chaudhary, Judge                      (Oral)

The petitioner was initially appointed as Staff Nurse on contract basis through 'Rogi Kalyan Samiti' (RKS) in the year 2009 and posted as such in Kamla Nehru Hospital, Shimla.

Subsequently, her services were converted into Government Contract on completion of three years of service and ultimately, she was regularized as Staff Nurse on 17.06.2017. She remained posted throughout in Kamla Nehru Hospital, Shimla. Her stay in the said hospital is, therefore, over nine years.

2. In view of the adverse family circumstances, she has made representation (Annexure P-3), seeking her transfer either to Radhya Krishna Government Medical College Hamirpur or Zonal Hospital, Bilaspur, where according to her, posts of nurses are lying 1 Whether the reporters of Local Papers may be allowed to see the judgment?

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vacant. She however, has not made the said representation to the Competent Authority, i.e. the Director of Health Services to the Government of Himachal Pradesh, Shimla.

.

3. Learned Counsel submits that the petitioner will make a fresh representation to respondent No. 2 within a week from today. Let her to do so. Besides two places of choice she has given in the representation (Annexue P-3), she may also mention more places where she can be transferred, in the fresh representation to be made by her. r Consequent upon this judgment, the 2nd respondent shall consider the representation within two weeks, thereafter. Against the surviving grievances, if any, we leave it open to the petitioner to resort to the remedy available to her, in accordance with law.

4. The petition is accordingly disposed of so also the pending application(s), if any.

Copy dasti.

(L. Narayana Swamy) Chief Justice.



    November 8, 2019                        (Dharam Chand Chaudhary)
     (hemlata)                                     Judge.




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