Dr. A. L. Jawalkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4249 of 2016 Dr. A. L. Jawalkar S/o Shri R.L. Jawalkar, Aged About 57 Years R/o Sec 2 Qr No 25, Ekta Nagr P.S. Gudhiyari, Riapur Tah & District Raipur Chhattisgarh C.H.C. Birgaon, P.S. Khamtarai Distirct Raipur Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through Secretary, Health & Family Welfare, Mantralaya Mahandi Bhavan, New Raipur, Police Staiton Rakkhi, District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Raj Kumar Gupta, Advocate.

For State :

Mr. Gary Mukhopadhyay, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31/08/2016 Heard on admission.

1.

The petitioner has filed this petition challenging the transfer order mainly on the statement that the petitioner had applied for his transfer on his own request to a place Kochway in District Gariyaband but instead of giving him posting in Kochway, the petitioner has been posted at Mainpur in the District Gariyaband. He submits that in such case, the petitioner could not be treated as having been transferred on his own request. 2.

The petitioner can be treated as having been transferred on his own request only when he is transferred to a place for which, he has requested. However, if his request is not being acceded but he has been transferred to some other place, it should not be treated as transfer at the request of the petitioner. This aspect is required to be considered by the respondents and a decision has to be taken in the matter. In case, it is found that the administrative exigency requires transfer, the transfer order is required to be suitably amended and the petitioner is entitled to proper TA and DA. The

decision should be taken within a period of four weeks from the date of receipt of copy of this order. Unless the petitioner is provided TA and DA, he should not be compelled to proceed on transfer. 3.

The petition is accordingly disposed off.

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