Madhya Pradesh High Court
Smt. Alpna Khare vs The State Of Madhya Pradesh on 8 January, 2020
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 WP-9111-2017
The High Court Of Madhya Pradesh
WP-9111-2017
(SMT. ALPNA KHARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
5
Jabalpur, Dated : 08-01-2020
None for the petitioner.
Shri Akshay Pawar, learned Panel Lawyer for the respondents/State.
This petition has been filed by the petitioner who is posted as ANM of Sub Health Center, Naiguaa C.H.C. Nowgong, District Chhatarpur under Article 226 of the Constitution of India against the order dated 06.06.2017 passed by the respondent No.3/ the Chief Medical and Health Officer, District Chhatarpur whereby the petitioner has been transferred from Sub Health Center, Naiguaa, Nowgong to Sub Health Center, Tatam C.H.C. , Nowgong, District Chhatarpur.
The aforesaid order has been challenged by the petitioner on the ground that in the employment order of the petitioner, it is specifically provided that the posting is made for a specific place only and there shall be no transfer in any condition.
In reply to the aforesaid, the respondents have submitted that petitioners services are governed by the amended Human Resources Manual and Para 8.3 of the same clearly provides the provision of transfer of the ANM.
Although, there is no rebuttal in the form of any rejoinder by the petitioner, however, this Court is of the considered opinion that since the impugned order dated 06.06.2017 has already been stayed by this Court way back on 14.07.2017, it would be expedient if the petitioner is disposed of by making the aforesaid order absolute with a liberty to the respondents to pass a fresh order of transfer if the occasion arises.
In view of the same, the petition is disposed of with the aforesaid observation.
Needless to mention the issue raised by the petitioner in this petition Digitally signed by VINAY KUMAR BURMAN Date: 10/01/2020 16:46:18 2 WP-9111-2017 shall remain open.
Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE vinay Digitally signed by VINAY KUMAR BURMAN Date: 10/01/2020 16:46:18