SEEMA SHARMA Vs. SECRETARY TO THE GOVT.

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for following main reliefs:-

(2.) Facts, relevant for adjudication of the case at hand, as emerge from the pleadings adduced on record by the respective parties, are that that petitioner herein, who completed her MBBS in May, 1998 from Indira Gandhi Medical College, Shimla, was offered adhoc appointment by respondent No.1 vide notification dtd. 7/10/1999 (Annexure-P-1), pursuant to which, she joined as Medical Officer at Community Health Centre, Gohar, District Mandi on 18/10/1999 (Annexure-P-2). She was allotted GPF Account No. HMED-17504 on 6/12/2000 (Annexure-P-3). The services of the petitioner were regularized as Medical Officer vide Office Memorandum dtd. 5/3/2007 (Annexure-P-5). After completion of MD in Dermatology, vide notification dtd. 31/1/2015, petitioner was posted as Medical Officer (Specialist) at Regional Hospital, Nahan, District Sirmour. Vide communication dated 090.9.2015, petitioner was informed that the State Government vide letter dtd. 31/8/2015, had approved her deputation to the Union Territory of Chandigarh (Annexure-P-8). After serving Union Territory, Chandigarh for a period of eight years, she was repatriated / relieved from Chandigarh to her parent State of Himachal Pradesh (Annexure-P-13).Vide Office Order dtd. 24/9/2024, petitioner was posted as Medical Officer (Dermatology) at Dr.-YSPGMC Nahan.

(3.) After having served the respondent-Department for more than 25 years, petitioner submitted notice to Respondent No.3- Principal, Dr. YSPGMC, Nahan for premature retirement under the Himachal Pradesh Civil Service (Premature Retirement) Rules, 2022 (for short 'Rule 2022') on 3/10/2024, stating therein that her fatherin-law, aged 90, is suffering from lung cancer since January,-2021 and mother-in-law is suffering from Systemic Lupus Erythematosus (SLE), and there is none to look after them. Along with the application, petitioner also attached the medical records of her father-in-law (Annexure-P-18 Colly). Afore notice submitted by the petitioner for premature retirement was forwarded by the Principal, Dr-YSPGMC, Nahan, to the Respondent No.2- Director of Health Services on 23/10/2024 (Annexure-P-20). Since, for more than three months, nothing was heard from department concerned with regard to the request made by the petitioner for premature retirement, petitioner issued a communication on 8/1/2025, thereby relinquishing the charge as Medical Officer (Specialist) in Dr. YSPGMC and requested for all retiral benefits w.e.f. 9/1/2025. (Annexure-P-21) Afore communication was forwarded by the Principal, Dr YSPGMC, Nahan to the Director of Health Services HP vide letter dtd. 10/1/2025 (Annexure P-22). However, the Principal of the College concerned vide communication dtd. 21/3/2025, (Annexure P-23) informed the petitioner that her application for premature retirement has been rejected by Government of H.P. vide letter dtd. 24/2/2025. (Annexure P-24). In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein for the reliefs, as have been reproduced hereinabove.