Chattisgarh High Court
Dushyant Singh vs State Of Chhattisgarh on 9 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(S) No. 7112 of 2022
Dushyant Singh S/o Shri Kaleshwar Singh Thakur Aged About 37
Years Presently Posted As Rural Medical Assistant At Primary Health
Center, Lingiyadih, Block - Bilha District- Bilaspur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Public Health And
Family Welfare Department, Mantralaya Mahanadi Bhawan, Atal
Nagar Nava Raipur, District Raipur Chhattisgarh.
2. Director, Directorate Of Health Services, Indrawati Bhawan, Atal
Nagar, Raipur Chhattisgarh.
3. Chief Medical Cum Health Officer, Raipur, District Raipur
Chhattisgarh.
4. Smt. Nilima Khande, Rural Health Assistant At Primary Health
Center, Udhnapur, District - Koriya Chhattisgarh.
---- Respondents
For Petitioner : Mr. Umakant Singh Chandel, Advocate For Respondents/State : Ms. Hamida Siddiqui, Dy.A.G. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 09/11/2022
1. Challenge in this petition is to the order dated 30.09.2022, whereby petitioner, who is working as Rural Medical Assistant, posted at Primary Health Centre, Lingiyadih, Block - Bilha, 2 District - Bilaspur is transferred to Primary Health Centre, Udhanapur, District Koria on administrative ground.
2. Learned counsel for petitioner submits that old aged mother of petitioner is suffering paralysis and she is under continuous treatment in District Hospital, Bilaspur, it will be difficult for petitioner to take all family members along with him at the transferred place in such a situation. Hence, impugned order be interdicted.
3. Learned State counsel opposing the submission made by learned counsel for petitioner would submit that petitioner is holding a transferable post and transfer is made on administrative ground. He can not claim as a matter of right to be posted at a particular place. However, if petitioner is aggrieved in any manner with his transfer, he can very well file representation, before the Committee constituted by the State Government under transfer policy to consider grievance of employee against transfer.
4. I have heard learned counsel for parties and perused the documents available in record.
5. Taking into consideration the grounds raised by counsel for petitioner particularly the medical ground of his mother, who is bedridden as submitted by counsel for petitioner, I find it appropriate to dispose of this writ petition at this stage instead of keeping this petition pending and taking reply from the State, directing the petitioner to submit representation before the Committee constituted under transfer policy . 3
6. Accordingly, this writ petition stands disposed off directing petitioner to submit representation against his transfer before the Committee constituted under transfer policy, within 12 days from today, raising all grounds as raised in this petition. On making such representation, the Committee shall consider and decide the same in accordance with law within an outer limit of three weeks from the date of receipt of such representation.
7. For a period of six weeks or till decision of representation whichever is earlier, no coercive steps shall be taken against the petitioner.
C.C. as per rules.
Sd/-
(Parth Prateem Sahu) Judge Balram