Kanchan Bala Kalia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3985 of 2016 Kanchan Bala Kalia W/o Vishnu Thakur, Aged About 28 Years R/o Deorikhurd, Bilaspur, Working As Staff Nurse, Community Health Center, Masturi, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh

2. Secretary, Health And Family Welfare Department, Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

3. Collector, Bilaspur, District Bilaspur Chhattisgarh

4. Chief Medical And Health Officer, Bilaspur, District Bilaspur Chhattisgarh

5. Block Education Officer, Masturi, District Bilaspur Chhattisgarh ---- Respondents Shri Vikas Bhaskar, counsel for the petitioner/s. Shri Sangharsh Pandey, Dy.G.A. for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/08/2016 Amongst various grounds of challenge to the transfer order, the only ground which requires attention of this Court is that the petitioner is carrying pregnancy and claims that due to past history of miscarriage, some adjustment may be granted against transfer.

2.

The petitioner has been transferred from Masturi to Pendra. Looking to the petitioner's condition, the petitioner can very well avail medical leave / maternity leave. The petitioner has already made representation to the Collector on these grounds.

3.

The Collector shall duly consider this aspect and provide all facility and leave to the petitioner to which, the petitioner is entitled on the ground of she

being pregnant. The decision should be taken within a period of six weeks from today. For a period of six weeks, the petitioner shall not be compelled to proceed on transfer.

4.

The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti