Punjab-Haryana High Court
Indu Bala vs State Of Haryana & Ors on 22 September, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 19694 of 2014 (O&M)
Date of Decision: 22.09.2014.
Indu Bala --Petitioner
Versus
State of Haryana & others --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Rajesh Arora, Advocate for the petitioner.
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TEJINDER SINGH DHINDSA.J It has been averred that the petitioner, who was working as a Staff Nurse under the Health Department, State of Haryana was promoted to the post of Nursing Sister on 18.5.2012 and transferred to Govt. Hospital, Jind vide order dated 14.5.2012. At that stage, an application dated 19.5.2012 was moved by the mother-in-law of the petitioner to the Director General, Health Services, State of Haryana stating that she is 75 years of age and is disabled to the extent of 60% and apart from her daughter-in-law Indu Bala i.e. the present petitioner, there is nobody else to look after her and as such a request was made to adjust the petitioner upon promotion at Panipat or near Panipat. It is further contended that such request for adjustment at Panipat on compassionate grounds was acceded to and order dated 29.5.2012 (Annexure P-5) was passed, whereby amendment was made in the promotion order dated 14.5.2012 and the petitioner was adjusted on the post of Nursing Sister and posted at C.H.C. Ahar (Panipat) instead of Govt. Hospital, Jind.
The present petition has been filed impugning the order dated 22.8.2014 at Annexure P-7 in terms of which the petitioner has now been LUCKY 2014.09.23 10:47 I attest to the accuracy and integrity of this document chandigarh CWP No. 19694 of 2014 (O&M) -2- transferred to C.H.C. Nahar (Rewari).
Counsel has vehemently argued that the compassionate grounds and basis upon which the petitioner had initially been adjusted at C.H.C. Ahar (Panipat) still continue to subsist inasmuch as the condition of her mother-in-law has further deteriorated. Counsel further submits that even transfer policy/instructions have been issued by the State Govt. in terms of which on such basis/medical condition, an employee can be adjusted at a particular place of posting.
In the light of the facts noticed herein above and without making any observations on merits, I deem it appropriate to dispose of the present petition with a direction to respondent no.2 to consider the claim and grievance of the petitioner and to take a final decision on the representation dated 2.9.2014 (Annexure P-8), served by the petitioner, within a period of one week from the date of receipt of a certified copy of this order.
Status quo as regards the place of posting of petitioner, as it exists today, shall be maintained till the date of passing of an order by respondent no.2 on the representation dated 2.9.2014 (Annexure P-8).
Petition disposed of.
A copy of this order be furnished to learned counsel for the petitioner under the signatures of Bench Secretary.
(TEJINDER SINGH DHINDSA) JUDGE September 22, 2014.
lucky LUCKY 2014.09.23 10:47 I attest to the accuracy and integrity of this document chandigarh