Chattisgarh High Court
Smt. Geeta Yadav vs State Of Chhattisgarh on 23 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7790 of 2022
Smt. Geeta Yadav Wd/o Late Shri Rajesh Yadav Aged About 48 Years D/o Late
Shri Lal Singh Yadav, R/o Lata Kunj, Krishak Nagar, Jora, Police Station
Telibandha, District : Raipur, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Public Health And Family Welfare
Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District : Raipur,
Chhattisgarh
2. Directorate Health Department Through Director, Raipur, District : Raipur,
Chhattisgarh
3. Divisional Joint Director Health Services Raipur Division Raipur, District : Raipur,
Chhattisgarh
4. Chief Medical And Health Officer Raipur, District : Raipur, Chhattisgarh.
--- Respondents
For Petitioner : Mr. Ravindra Sharma, Advocate.
For Respondent/State : Mr. Shubham Verma, PL.
Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
23/11/2022
1. Challenge in this writ petition is to the impugned order of transfer dated 30.09.2022, (Annexure P-1), whereby service of petitioner has been transferred from District Hospital, Pandri, District Raipur to Community Health Centre, Bilaigarh, District -Baloda Bazar-Bhatapara, Chhattisgarh.
2. Learned counsel for petitioner submits that petitioner is residing with her sister who is 75% physically disabled, her sister is under employment of Indira Gandhi Krishi Vishvidhalaya but unable to move herself, therefore, she is permitted to work on her tricycle itself upon which she used to travel to office from her house. Petitioner is holding the post of 'Staff Nurse' which is a Division Cadre Post, therefore, she ought to have been transferred within a division. Whereas by virtue of impugned order of transfer, petitioner is transferred to Community Health Centre, Bilaigarh. Bilaigarh is now constituted a new district as Sarangarh Bilaigarh and falls within Bilaspur Division. If petitioner joins his transfer place of posting his promotional prospects will be adversely effected. Hence, impugned order of transfer so far as it relates to petitioner be interdicted. Prior to issuance of transfer, new District Sarangarh Bilaigarh is constituted on 03.09.2022. 2
3. Learned State Counsel submits that petitioner is a Government servant holding transferable post, hence, he has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by Competent Authority on administrative ground, hence, it does no call for any interference. However, if petitioner is aggrieved in any manner with his transfer, he can very well submit representation before the Committee constituted by the State Government under Transfer Policy to consider grievance of employee against transfer and if petitioner submits representation before the Committee it will be considered in accordance with law.
4. Heard learned counsel for the parties and perused record.
5. Though petitioner has not made pleading in writ petition that petitioner is transferred to another division but factually he is posted in District Hospital, Pandri, which comes within Raipur division whereas transferred place of petitioner falls within Bilaspur division. The new district is constituted on 03.09.2022 as Sarangarh Bilaigarh which falls within the territorial jurisdiction of Bilaspur division.
6. Considering entire facts and circumstances of the case, grounds raised in writ petition, documents placed on record, submission of learned counsel for the respective parties, this writ petition is disposed of at this stage permitting the petitioner to submit detailed representation before committee constituted under the Transfer Policy, 2022 raising all grounds available to her within '12 days' from today. If such representation is submitted by petitioner, concerned Committee is directed to consider and decide the same within an outer limit of 'three weeks' from the date of receipt of copy of representation.
7. For a period of 'six weeks' or till decision on petitioner's representation, whichever is earlier no coercive steps shall be taken against petitioner, pursuant to order impugned.
CC as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE J/-