Ramesh Kumar Bahidar v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2020 of 2015 • Ramesh Kumar Bahidar S/o Shri N.C. Bahidar aged about 56 years, Health Assistant (Supervisor) Community Health Center, Kapu, Dharamjaigarh, Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh) ---- Petitioner
Versus
1. State of Chhattisgarh Through : The Secretary, Health and Family Welfare Department, Mantralaya, Mahanadi Bhawan New Raipur (Chhattisgarh)
2. Commissioner, Health Services, Indrawati Bhawan New Raipur (Chhattisgarh)
3. Divisional Joint Director, Health Services, State Mental Hospital Campus Sendri, Bilaspur (Chhattisgarh)
4. Collector, Raigarh, District Raigarh (Chhattisgarh)
5. Chief Medical Officer, Raigarh, District Raigarh (Chhattisgarh) ---- Respondents For Petitioner : Mr. Y.C. Sharma, Advocate.
For Respondents /State : Mr. Yashwant Singh Thakur, Dy. Adv. General on advance copy.
Hon'ble Vacation Judge Order On Board 25/05/2015
1. Heard.
2. The petitioner has challenged the impugned order dated 2-5-2015 passed by the respondent No. 3/Divisional Joint Director, Health Services, Bilaspur whereby and whereunder the petitioner working as Assistant (Supervisor), community Health Centre, Chaple presently posted at Community Health Centre, Kapu (Dharamjaigarh) Distt. Raigarh has been compulsorily retired.
3. Learned Dy. Adv. General appearing for the respondents/State submits that the instant writ petition is not maintainable as per provisions of Section 23(i) of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1996 wherein a forum to challenge the impugned order by filing an appeal is provided.
4. Looking to the fact that alternative remedy is available to the petitioner against the impugned order, the instant writ petition is disposed of without commenting anything on merit with an observation that the petitioner if advised, may prefer an appeal against the impugned order of compulsory retirement before the appropriate forum.
Sd Vacation Judge