Amarnath Kashyap v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3489 of 2014 • Amarnath Kashyap S/o Shri Ramsharay Kashyap Aged About 56 Years, Occupation Service Working as Steward Clerk Grade II District Hospital Ambikapur District, P.S. Ambikapur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through its Secretary, Department of Health Services. Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Director, Health Services Raipur, District : Raipur, Chhattisgarh

3. Collector Surguja, District : Surguja, Chhattisgarh

4. Shri Naveen Shrivastava Working as Assistant Grade II, Community Health Center Lakhanpur, District : Surguja, Chhattisgarh ---- Respondents For Petitioner :

Shri Vinay Pandey, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 03.12.2018 1.

The challenge in the present writ petition is to the order Annexure-P/1 dated 15.07.2014 whereby the petitioner has been transferred from District Hospital, Ambikapur to Community Health Center, Lakhanpur. 2.

The order of transfer shows that it was a mutual transfer. The contention of the petitioner is that he has never applied for the said transfer. The petitioner has obtained an interim protection granted by this Court on 24.07.2014 and continues to work at the District Hospital, Ambikapur since then.

3.

Given the facts of the case, this Court is of the opinion that ends of justice would meet, if the writ petition stands disposed of with a direction to the respondents not to act upon the impugned order any further so far as the petitioner is concerned. However, the right of the respondents is reserved to transfer the petitioner in case administrative exigency so arises. 4.

The writ petition, therefore, stands disposed off. Sd/- (P. Sam Koshy) Judge vatti