KALPANA RACHAIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as Staff Nurse in the month of July, 1991 in Primary Health Centre, Kotkhai, District Shimla. She was posted as Staff Nurse in I.G.M.C. Shimla in the year 1992. She has undergone training programme in Phaco and Vitreo Retinal surgery at P.G.I. Chandigarh with effect from 1.2.2005 to 1.3.2005. Thereafter, she was posted in the Department of Ophthalmology to assist the surgeons/consultants in O.P.D./Wards/Operation Theatre. Professor and Head, Ophthalmology Department, wrote a letter on 20.4.2005 to Senior Medical Superintendent, I.G. Hospital to post the petitioner permanently in the Eye Operation Theater. Petitioner alongwith another Staff Nurse was placed at the disposal of Professor and Head, Department of Ophthalmology, I.G.M.C. Shimla on 11.12.2008. Petitioner was transferred to Civil Hospital, Rohru vide Annexure P -8 dated 8.4.2011. She submitted representation on 11.4.2011 on the basis of order dated 11.12.2008. It has come in the reply that the same has been rejected.

(2.) MR . Dilip Sharma has strenuously argued that petitioner could not be transferred since she has obtained special training of one month with effect from 1.2.2005 to 1.3.2005 from P.G.I Chandigarh. He further argued that there is no Eye Surgeon in Civil Hospital, Rohru where the services of the petitioner could be utilized.

(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.