1. Petitioner has approached this Court, seeking following substantive reliefs:

                   “i. Issue an appropriate writ, order or direction thereby quashing and setting aside the notification dated 27.03.2025 (Annexure P-1) as it has not been implemented at all by the respondents in its letter and spirit.

                   (ii) Issue an appropriate writ, order or direction thereby quashing and setting aside the impugned order dated 13.11.2025 (Annexure P-10), the letter dated 29.08.2025 (Annexure P-9), and consequential relieving order dated 02.05.2025 (Annexure P-4), being arbitrary, illegal and violative of the rights of the petitioner.

                   (iii) Direct the respondents to consider the petitioner’s case afresh for change/withdrawal of option and retention in Department of Health & Family Welfare at Regional Hospital Una, strictly in terms of Notification dated 27.03.2025 (Annexure P-1) and Notification dated 01.07.2025 (Annexure P-6) and in compliance with the directions of this Hon’ble Court dated 28.08.2025 (Annexure P-7).”

2. Petitioner is serving as Staff Nurse in the Health Department at Regional Hospital, Una, District Una, H.P.

3. Government of Himachal Pradesh, decided to bifurcate the cadre of Nursing Staff in two cadres, i.e., (1) Nursing Staff under Medical Education Department and (2) Nursing Staff under Health and Family Welfare Department.

4. Regarding bifurcation of posts of Nursing Staff, communication dated 15.10.2024, was circulated by the Director Health Services, Himachal Pradesh, inviting option of Nursing Staff within a week’s time.

5. Admittedly, petitioner had opted for Department of Medical Education and Research.

6. Later on, Notification dated 27.03.2025 was issued by the Government of Himachal Pradesh, Department of Health and Family Welfare to bifurcate the existing cadre of Paramedical, Nursing, Ministerial and other ancillary/supporting staff, which was under the control of Department of Health and Family Welfare, H.P., into two departments, i.e., (1) Department of Medical Education & Research, H.P. and (2) Department of Health & Family Welfare, in the interest of Health Care Delivery System and public interest.

7. In aforesaid Notification dated 27.03.2025, it was further notified that separate cadres of categories concerned shall be identified and finalized on the basis of option exercised by respective categories for both departments, on completion of all the necessary and codal formalities, to be applicable in this behalf.

8. In aforesaid Notification, there was Clause 9, permitting the incumbents to file objections/representations/grievances, if any, to be considered on merit, up to six months by the office of Director, Health Services through Grievance Redressal Committee, to be constituted at DHS. Clause 9 reads as under:

                   “9. Pursuant to issuance of this notification, the objections/representation/grievances, if any, of the employees will be considered on merit upto six months by the office of the DHS. The representation shall be considered by a “Grievance Redressal Committee” to be constituted at DHS consisting of the officers of appropriate level from both the Directorates, i.e. DME & DHS, and shall be decided by the Director Health Services, HP on the recommendation of this Committee.”

9. Vide Office Order dated 22.04.2025, on the basis of option exercised by the petitioner, she was allotted Department of Medical Education Cadre.

10. Immediately after allocation of her posting/deployment, petitioner submitted representation dated 23.04.2025, for cancellation of her cadre bifurcation allotment to DME, due to unforeseen compelling personal circumstances.

11. However, vide Office Order dated 02.05.2025 (Annexure P 4), petitioner was relieved in absentia on 02.05.2025 (F.N.) from Regional Hospital, Una to Directorate of Medical Education (DME), due to cadre bifurcation, with direction to join duties in the office of DME, immediately.

12. It is case of the petitioner that she has 12 years old daughter and 5 years old son, respectively and her son is suffering from mild to moderate level of Autism and is under treatment from a private clinic at Mohali and he requires constant and due care and therapy continuously for his overall and healthy mental development, for which, therapy sessions are held after 15 days consecutively. Moreover, the husband of petitioner is working in private company at Bangalore. In such adverse family situation, the petitioner is encumbered with all the responsibility of ailing son and to manage family affairs, and also to look after her daughter. It is submitted that the distance of Mohali from the Regional Hospital is about 100 Kms., whereas from Dr. RKGMC & H, Hamirpur, the distance of Mohali Hospital is more than 160 Kms. and it would be quite difficult to the petitioner to take her son to Mohali for his treatment. Moreover, the native place of petitioner is at Una and she is being assisted by her in-laws there, but at Dr. RKGMC & H, Hamirpur, it would be very difficult to the petitioner to look after her children. It is further submitted that the petitioner herself has undergone surgery of Uterus fibroid uterus Myomectomy surgery on 15th April, 2025. However, request of the petitioner was not considered and she was ordered to be relieved.

13. In aforesaid backdrop, petitioner approached this Court by filing CWP No. 13849 of 2025, titled as Richa Sharma vs. State of Himachal Pradesh & others, which was disposed of, vide order dated 28.08.2025 (Annexure P-7) in following terms:

                   “2. Though, having taken note of the pleadings adduced on record, which are duly supported by affidavit, this Court finds that prior to change of cadre, petitioner herein had given option, but since Notification dated 27.03.2025, whereby existing cadre of Paramedical, Nursing, Ministerial and other ancillary/supporting staff came to be bifurcated, itself provides for representation to be considered by the Grievance Redressal Committee, coupled with the fact that petitioner has already filed representation to the competent authority, this Court without going into the merits of the case, deems it fit to dispose of the same with a direction to the petitioner to file fresh representation to the Grievance Redressal Committee constituted by Director Health Service, Himachal Pradesh, within a period of three days, which in turn shall be decided by the Grievance Redressal within a period of two weeks thereafter. Ordered accordingly. Needless to say, committee concerned shall consider the case of the petitioner sympathetically taking note of illness of son of the petitioner, who is required to be taken to Mohali frequently after 15 days for treatment. Pending applications, if any, also stand disposed of.”

14. In furtherance to the aforesaid order dated 28.08.2025, petitioner submitted a detailed representation. As the representation of petitioner was not decided within the time granted by the Court, petitioner had to file Execution Petition No. 2290 of 2025, for execution of the order.

15. During pendency of the Execution Petition, representation of the petitioner was considered and rejected by the Grievance Redressal Committee, vide decision dated 13.11.2025 and the said decision was communicated to the petitioner along with instructions dated 13.11.2025, imparted by the Director Health Services to the learned Advocate General, in the Court itself, through counsel, whereupon Execution Petition was disposed of in following terms, vide order dated 14.11.2025 (Annexure P-11):

                   “3. In view of the above, the present petition is disposed of reserving liberty to the petitioner to seek appropriate remedy for the rederssal of her surviving grievance including against the decision taken by the respondents in accordance with law. Pending miscellaneous application(s), if any, shall also stand disposed of.”

16. The aforesaid facts compelled the petitioner to file present writ petition. During pendency of the petition, counsel for the petitioner as well as learned Advocate General, was requested to assist the Court with respect to nature and type of the disease Autism and complications faced by a patient on change of Doctor/Tutor, atmosphere, society and school.

17. Learned counsel for the petitioner has placed on record downloaded material in this regard, wherefrom relevant information is extracted as under:

                   “Autism spectrum disorder is a neurodevelopmental condition that affects how a person communicates, interacts socially, and processes sensory information. Interestingly, autism is a spectrum disorder. It doesn’t show up in just one way. One child might talk nonstop; another might not use words at all. Some find deep comfort in routine, while others need room to explore and improvise.

                   …. …. …. ….

                   Dr. Sumantra Chattarji, Director of CHINTA (Centre for High Impact Neuroscience and Translational Applications) at TCG CREST (The Chatterjee Group Centres for Research and Education in Science and Technology is a research driven, private, deemed to be university in Kolkata, India) once gave his view on autism; ‘As the brain develops in its early days, the connections between neurons don’t form in the typical fashion. As a result, the brain is wired differently over time and reaches a point where all the pieces are there. Nothing is lost. They’re just wired slightly differently’.

                   In school-aged children and teens, challenges often shift from developmental delays to social struggles, emotional regulation issues, and the effort to blend in.

                   Social Communication and Interaction Challenges

                   Navigating friendships and social expectations can become more challenging in school settings.

                   At this stage, autistic individuals may experience:

                   * Difficulty reading social cues like facial expressions, body language, or tone of voice

                   * Struggles with initiating or maintaining back-and-forth conversations

                   * Preference for playing alone or spending time with younger children or adults

                   * Literal interpretation of language and missing sarcasm, jokes, or implied meaning

                   * Limited or avoidant eye contact during conversations

                   Restricted Interests and Repetitive Behaviors

                   Autistic children and teens often develop focused interests that may dominate their time and conversations.

                   Common autism symptoms and signs are:

                   * Intense fixation on specific topics, activities, or objects

                   * Repetitive behaviors like spinning objects, hand-flapping, or rocking

                   * Insistence on routine or predictability and distress when routines are disrupted

                   * Difficulty transitioning between classes, tasks, or social environments

                   Sensory Sensitivities

                   Sensory differences often become more pronounced in high-stimulus environments like schools or social gatherings.

                   Look for:

                   * Overreaction to sounds, lights, or textures (e.g., buzzing lights, scratchy uniforms)

                   * Seeking or avoiding sensory input (e.g., covering ears, refusing certain foods)

                   * Overwhelm or shutdowns in crowded or chaotic spaces

                   Emotional Regulation and Daily Living

                   As expectations increase with age, autistic teens may face unique internal struggles, such as:

                   * Heightened anxiety, especially in social settings

                   * Mood changes, emotional shutdowns, or meltdowns

                   * Difficulty managing transitions or unexpected changes

                   * Trouble with daily tasks like organizing schoolwork, hygiene, or managing time”

18. Learned Advocate General has also placed on record information in this regard, contained in instructions dated 01.01.2026, received from Director Health Services, relevant extract whereof is as under:

                   “Autism is also known as autism spectrum disorder (ASD). It is a condition related to brain development by birth.

                   Children suffering autism usually have difficulty while talking or understanding speech, maintaining eye contact and having trouble while conversation or literal interpretation of language. So such children usually prefer to be alone and find it hard to mix with other children. Some children show repetitive body movement like hand flapping or rocking etc. usually they have an intense focus on specific topics and a strong preference for routines. They are very sensitive to sound, touch light etc.

                   …. …. …. ….

                   …. …. …. ….

                   With early identification, therapy, family support and social acceptance such children can learn, grow and live meaningful life.

                   Child may need therapy as per individual requirements. Various specialist generally after initial phase train the parents/caregivers for day to day intervention. Follow-up of such children is taken care by various specialist as per individual needs.”

19. Considering the information placed on record by both sides, we have arrived at a conclusion that there may be difficulty in cure and development of the child suffering from Autism on facing changes for shifting from one place to other, one doctor/tutor to another and such struggles may hamper improvement in the development of brain of the child suffering from Autism.

20. For adjudication of the issue, it is also relevant to record here the reason assigned by the Redressal Grievance Committee for rejecting representation of the petitioner, which reads as under:

                   “Decision:

                   It was noted by the committee that the request of the petitioner Smt. Richa Sharma with respect to change of cadre option has already been decided vide letter dated 04.10.2025. However, in view of the petition filed by the said official and the orders passed by Hon’ble High Court of H.P. dated 28.08.2025 in CWP No. 13849/2025, the fresh representation dated 29.08.2025 made by the petitioner Mrs. Richa Sharma has been considered afresh. It was noted by the committee that vide orders dated 29.08.2025, the Government has clarified that the consideration of change of cadre is not under the scope of the committee.”

21. It is also apt to record that vide communication dated 02.09.2025, sent from Secretary (Health) to Government of Himachal Pradesh to Director Health Services, H.P. (Annexure P-9), regarding proceedings of Grievance Redressal Committee, communicated that change of option may not be considered.

22. From aforesaid facts and circumstances, it is apparent that grievance of the petitioner has not been considered by the Committee at all, rather it has rejected the representation of the petitioner, in view of instructions dated 29.08.2025 (Annexure P-9), circulated by Secretary (Health), Government of Himachal Pradesh.

23. Even during pendency of the petition, under instructions of the concerned authority, learned Advocate General, on behalf of respondents, submits that the representation of the petitioner has been rightly rejected, in view of option exercised by her, but there is no instruction imparted on behalf of respondents with regard to consideration of grounds of representation, including disease of her son and impact of change of station, doctor and tutor, on the child of the petitioner.

24. It is also noteworthy that in Clause 9 (supra) of notification dated 27.03.2025, there was provision for reconsideration of option within six months for genuine reasons, whereas instead of going through or addressing the grievance of the petitioner, Committee has rejected the claim of the petitioner on the basis of instructions issued by the Secretary (Health), Government of H.P., which is completely in disregard to Clause 9.

25. From the aforesaid, it is apparent that representation of the petitioner has been rejected without passing reasoned or speaking order, but only following the instructions of the superior, however without going into actual grievance put-forth by the petitioner before the authorities and Grievance Redressal Committee.

26. We would have relegated the petitioner again to concerned authority/Committee for afresh decision, however, petitioner is running from pillar to post since April 2025, and till date her grievance has not been redressed. Perusal of the material placed on record by the petitioner as well as the respondents with respect to the Autism, also indicate genuineness of the request of the petitioner to withdraw her option. Therefore, instead of referring the case of the petitioner to respondents to take decision afresh, we are of the considered opinion that in given peculiar facts and circumstances of present case, the petition deserves to be allowed by quashing the impugned office orders and notifications, whereby petitioner has not been allowed to withdraw her option and has been kept in cadre of Department of Medical Education and has been relieved to join accordingly, in the office of Director Medical Education, and directing to retain her at present place of posting in Department of Health and Family Welfare.

27. Accordingly, office order dated 22.04.2025 (Annexure P-2) w.r.t. Serial No. 54, i.e., petitioner, Office Order dated 02.05.2025 (Annexure P-4), Communication dated 13.11.2025, including decision of the Committee and letter issued by Director to the petitioner dated 13.11.2025 [Annexure P-10 (Colly)], are quashed and set-aside, only to the extent of the petitioner, and petitioner is directed to be retained in Department of Health & Family Welfare at Regional Hospital Una, District Una, Himachal Pradesh.

28. Accordingly, petition is allowed and disposed of in the aforesaid terms. Pending applications, if any, also stands disposed of.