Dr. Jayant Toppo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3944 of 2018 Dr. Jayant Toppo S/o Shri J. N. Toppo, aged about 38 years, R/o Toppo Forms, Baitalpur, Police Station- Sargaon, Tahsil Patharia, District- Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, Department of Health and Family Welfare, Mahanadi Mantralaya, Police Station and Post Rakhi, New Raipur, District Raipur, Chhattisgarh

2. Chief Medical and Health Officer (CMO), Office of Chief Medical and Health Officer, Mungeli, District- Mungeli, Chhattisgarh ---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For Respondent/State :

Shri Satish Gupta, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25/05/2018 Grievance of the petitioner in the present writ petition is that while he was working at Community Health Center, Patharia, District Mungeli, he was sent to the Community health center Sargaon which again came under the District Medical Officer, Mungeli. The posting of the petitioner at Sargaon was on account of two of the doctors being on leave. The petitioner was sent to Sargaon vide order dated 27.09.2018. Subsequently, now vide impugned order dated 10.05.2018 the petitioner has been sent to District Hospital Mungeli.

2.

Counsel for the petitioner submits that it is this frequent transfer of the petitioner he is aggrieved of and on account of which he would be facing much difficulty and inconvenience if the order of transfer is executed in such frequency. He further submits that after the administrative exigency at Sargaon was over, the petitioner ought to have been sent back to his original place of posting i.e. Pathria in stead of District Hospital at Mungeli.

3.

Given the facts and circumstances of the case, let the petitioner make a detail representation to respondent no.2 in respect of his grievance and in turn, respondent no.2, subject to the petitioner's moving a representation within a period of 10 days from today, shall consider and decide the same within a further period of four weeks. 4.

The writ petition accordingly stands disposed of. Till the representation of the petitioner, provided the same is made within a period of 10 days from today, is decided by respondent no.2, the respondents shall not take any coercive step against the petitioner so far as the execution of the impugned order of posting dated 10.05.2018 is concerned. Sd/- (P. Sam Koshy) Vacation Judge Bhola