Santosh Kumar Jaiswal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3668 of 2016 Santosh Kumar Jaiswal S/o Shri Bodh Ram Jaiswal Aged About 36 Years Pharmacist Ayurved, R/o Village Chakarbhata, Tahsil And District Mungeli Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, New Raipur, Tahsil And Distirict Raipur Chhattisgarh ---- Respondent For Petitioner :

Shri Ritesh Verma, Advocate For State :

Shri Dheeraj Wankhede, G.A., on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/08/2016 Heard on admission.

1.

The transfer order is under challenge on the ground that shortly after two years, the petitioner is being posed to a place where earlier he had remained posted in Raigarh District. He submits that the main operative reason for shifting the petitioner is that another Pharmacist has been transferred on his own request. Therefore, it is a case of malafide accommodation.

2.

The petitioner has remained posted at the present place of posting ever since 30.06.2014. The impugned transfer order has been passed on 28.07.2016 i.e. more than two years. Therefore, it cannot be said to be a case of frequent transfer or a transfer within a very short period. As the transfer of the petitioner has become due, adjustment of any other person at the place of the petitioner either in exigency of service or on his own request, cannot be said to be a malafide accommodation.

-23.

The submission of the petitioner that the petitioner was posted in scheduled area, therefore, he cannot be again sent back to the scheduled area. This ground cannot be accepted because there is nothing in the policy which says that after having served in the scheduled area, an employee cannot be again sent back to the scheduled area. The petition has no merit and is therefore dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha