Vidyacharan Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3208 of 2016 Vidyacharan Patel S/o Shri Vishwanath Prasad Patel, Aged About 42 Years Occupation Service, Posted As M. P. W. At Sub Health Centre Madanpur, Block- Ramanujnagar, Tehsil Ramnujnagar, Revenue & Civil District Surajpur (Chhattisgarh), R/o Village & Post Madanpur, Block- Ramanujganj, P.S. & Tehsil Ramanujnagar, Revenue & Civil District Surajpur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Naya Raipur, Revenue & Civil District Raipur, (Chhattisgarh)

2. State Of Chhattisgarh, Through Secretary, Department Of Health, Mahanadi Bhawan, Naya Raipur, Revenue & Civil District Raipur, (Chhattisgarh)

3. Collector, Surajpur, Revenue & Civil District Surajpur, (Chhattisgarh)

4. Chief Medical & Health Officer, Surajpur, Revenue & Civil District Surajpur, (Chhattisgarh)

5. Block Medical Officer, Ramanujnagar, Tehsil Ramanujnagar, Revenue & Civil District Surajpur, (Chhattisgarh)

6. Block Medical Officer, Surajpur, Tehsil Surajpur, Revenue & Civil District Surajpur, (Chhattisgarh)

...Respondents

For petitioner :

Mr. Surfaraj Khan, Advocate.

For State :

Mr. S.P. Kale, Dy. A.G., on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/07/2016 Heard on admission.

1.

Challenge to the transfer order is made solely on the ground that under the transfer, the petitioner is being sent from the present place of posting at Madanpur to Dedari. Presently, wife of the petitioner has been

posted as 'Panchayat Karmi' at Rameshwaram which is about 70 k.m. away from the present place of posting of the petitioner and if the petitioner is transferred to Dedari, it will be more than 100 k.m. 2.

The ground for the husband wife should be posted together at one place is always subject to administrative exigency and public interest. However, an effort has always to be made to find out whether it is administratively possible to keep the husband wife at nearby stations, if not at the same station.

3.

This can be best examined by the competent authority, who has passed the order of the transfer. It is not for the writ Court to dwell into aspect of the matter because this being purely administrative in nature without involving any legal aspect.

4.

In that view of the matter, let respondent No.3 examine the representation of the petitioner and take appropriate decision on petitioner's representation within a period of 15 days from the date of receipt of copy of the order. Within a period of 15 days, no coercive steps shall be taken against the petitioner.

5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha