SWATANTER MAHINDROO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT petitioner Swatanter Mahindroo, has assailed the order dated 3.9.2012 (Annexure P -6) whereby she has been directed by respondent No. 3 to join at her new place of posting i.e. Health Sub Centure, Sari under BMO Nerwa pursuant to having been relieved from Sub -Centre Batol. Petitioner has also prayed that she be allowed to discharge her duties at Health Sub Centre, Batol, District Shimla, where she was posted in terms of order dated 7.12.2011 (Annexure P -5). Significantly Annexure P -5 was passed pursuant to the directions issued by this Court in CWP No. 4026 of 2011, titled as Meena Verma vs. State of H.P. and others. This case has got a chequered history. One Smt. Sita Sharma, who was also working as a Female Health Worker, was transferred vide orders dated 16.3.2011 to Janglik. But vide order dated 3.5.2011 she got herself adjusted at Batol, where the present petitioner Smt. Swatanter Mahindroo was posted as a Female Health Worker. In terms of said order of adjustment, present petitioner was sent to Janglik but vide order dated 16.5.2011 even she got herself adjusted at Anandpur, where one Smt. Meena Verma was posted as a Female Health Worker, who in turn was sent to Janglik.

(2.) AGGRIEVED thereof Smt. Meena Verma filed CWP No. 4026 of 2011 (supra), which was disposed of in terms of judgment dated 29.11.2011. This Court directed that Smt. Meena Verma be permitted to discharge her duties at Anandpur till completion of her normal tenure and Smt. Sita Sharma be transferred to Janglik and present petitioner be posted at Batol. Most significantly, this Court observed that the State had been adopting the practice of adjusting Female Health Workers at the State/District level Hospitals situated within the Municipal limits of Shimla town, without there being any sanctioned/existing posts. The Court observed that the Female Health Workers were required to be posted in the rural areas.

(3.) ON the asking of the Court, the State has filed an affidavit dated 27.9.2012 indicating the places of posting of both the petitioner as also the private respondent. Quite apparently and undisputedly, the present petitioner, except for a brief period of 3 months, since the time of her appointment in the year 1984, all throughout her service career has served in the Masobra block, which is adjacent to her place of residence i.e. Sanjauli (Shimla). Petitioner earlier served at Batol, got herself adjusted at nearby place Anandpur and thereafter returned to Batol. Also it is seen that since the year 1995 except for a brief period of nine months, private respondent has served in and around the place of her residence, which is Shimla.