CHARU SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner- Dr. Charu Sharma, who is working with the respondents on the post of Ayurvedic Medical Officer, aggrieved by her transfer from Government Ayurvedic Hospital Bharmour, District Chamba to Government Ayurvedic Health Center, Gurhal, District Kangra, H.P.

(2.) The contention of the petitioner is that she joined the services of the respondents as Ayurvedic Medical Officer at Government Ayurvedic Hospital Bharmour, District Chamba on 29/8/2019 on contract basis. Her services were regularized after completion of two years. Her husband is also working as Ayurvedic Medical Officer at Government Medical Hospital at Behi-Pathiar in district Kangra, H.P. They are having infant child aged one and half years. According to learned counsel for the petitioner, she has submitted a representation to the Secretary (Ayush) to the Government of Himachal Pradesh-respondent No.2, indicating therein three places of her choice in district Kangra for her transfer and also mentioning the fact that her husband is working as Ayurvedic Medical Officer at Government Medical Hospital at Behi-Pathiar in district Kangra, H.P. and as per the Policy of the Government, they should be kept/posted at the same place or nearby places but the respondents did not consider her request and transferred her to Government Ayurvedic Health Center, Gurhal, District Kangra.

(3.) Learned counsel for the petitioner has invited attention of the Court towards Clause 5.4 of the Transfer Policy of the respondents contained in office memorandum dtd. 10/7/2013, according to which, in case wife and husband both are working under the State Government, efforts should be made to post them at one place or near places as far as possible subject to vacancy. Attention of the Court is also invited to Clause 16.1 of the said Policy, which provides that on completion of normal tenure in Difficult/Tribal/Hard/Remote areas, the concerned officers/officials would have an option of five stations of choice, which would be for more than one district and as far as possible, efforts would be made to post them in any one station of their choice of that category of stations in which he/she has not served earlier.