Dr. Vijay Kumar Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 1383 of 2020 Dr. Vijay Kumar Verma, S/o. Late Rajendra Kumar Verma, Aged About 49 Years, Presently Working As Assistant Veterinary Surgeon At The Office Of Joint Director, Department Of Veterinary Services, Raipur, District Raipur, Chhattisgarh. (Wrongly Mentioned As Mata Mahamari Unmulan Unit Jagdalpur In The Impugned Order) ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Deputy Secretary, Department Of Veterinary Services, Mantralaya Capital Complex, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur, Chhattisgarh.

2. The Director, Department Of Veterinary Services, Mantralaya Capital Complex, Indrawati Bhawan Atal Nagar Raipur, District Raipur, Chhattisgarh.

3. Deputy Director, Department Of Veterinary Services, Mata Mahamari Project, Kankali Hospital Parisar, Braham Para, Raipur, District Raipur, Chhattisgarh.

4. Joint Director, Department Of Veterinary Services, Mandi Get Pandari, Raipur Division, District Raipur, Chhattisgarh. ---- Respondents For Petitioner :

Mr. A.K.Yadav, Advocate For State/Respondents :

Ms. Richa Shukla, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.02.2020 Heard

1. Learned counsel for the petitioner submits that the petitioner though said to have been working in Mata Mahamari Unmulan Unit at Jagdalpur has been transferred to Veterinary Hospital Sarsiwa, Baloda-Bazar. The petitioner has wrongly been treated to be working under Mata Mahamari Unmulan Unit, the scheme which has come to end. It is stated that for certain point of time, the petitioner has been posted in Mata Mahamari Project in the year 2015. Subsequently, he was again in the year 2016 was posted back to the parent department Veterinary and he is working in the office of Joint Director, Veterinary Services. Therefore, it is submitted that on the wrong factual aspect, the petitioner has been transferred by

order dated 14.02.2020. It is further contended that the petitioner is handicapped.

2. Perusal of the order dated 28.10.2015 (Annexure P-6) would show that the petitioner was placed in the project of Mata Mahamari. Subsequently, by order dated 18.10.2016 (Annexure P-7) the petitioner was sent back to the original parent department and thereafter the petitioner was relieved from Mata Mahamari Project, which shows that the petitioner is working in the parent department i.e. Veterinary Department. The documents filed along with the petition also shows that the petitioner is handicapped to the extent of 45% and prima facie, it appears that on the wrong factual aspect, the petitioner has been treated to be serving under Mata Mahamari Project has been transferred. Under the circumstances, the petitioner is given liberty to make a representation to the respondent No.1 within a period of three weeks alongwith the relevant documents and the same, if so filed, shall be decided within a further period of 60 days from the date of receipt of the representation. Till then, the transfer of the petitioner vide order dated 14.02.2020 (Annexure P-1) shall not be given effect to.

3. With the aforesaid observation, the writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge ashok