Mulchand Singh Warkade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4807 of 2017 Mulchand Singh Warkade S/o Late Jailal Singh Warkade, Aged About 43 Years R/o Kotadol District Koriya Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Health And Family Welfare Department, Mantrayala, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2. District Ayurved Officer, Baikunthpur, District Koriya Chhattisgarh. ---- Respondents For Petitioner :

Mr. Anand Mohan Tiwari, Advocate For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/09/2017 Heard.

1. Learned counsel for the petitioner submits that though the petitioner has remained posted continuously in scheduled area for the last 4 years, by impugned order, he has again been transferred to another scheduled area. He submits that in such case, there is a policy of the State Government to consider posting outside the scheduled area under clause 2.1 of circular dated 03.06.2015.

2. It is found that the petitioner has approached this Court without preferring any representation in that regard. Therefore, I am not inclined to interfere with the transfer order. It will, however, be open for the petitioner to prefer representation before the competent authority to claim posting outside the scheduled area according to the Government Policy within a period of ten days from today. If such representation is made, the competent authority shall take a decision on

the representation within a period of four weeks from the date of receipt of the representation along with copy of this order. For a period of four weeks, no coercive steps shall be taken against the petitioner, provided nobody has joined at the place of the petitioner.

3. With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha