Smt. Tarun Kanti Ekka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3600 of 2016 • Smt. Tarun Kanti Ekka W/o Silvester Ekka, Aged About 53 Years R/o 17, Shiva Residency, Mathpurena, Police Station And Post Raipur, Civil And Revenue District Raipur (Chhattisgarh). ---- Petitioner

Versus

1. State Of Chhattisgarh Through : Secretary, Women & Child Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex Naya Raipur, District Raipur (Chhattisgarh).

2. Director, Women & Child Welfare, Directorate, New Raipur, District Raipur (Chhattisgarh).

3. Smt. Abhilasha Awasthy, Supervisor, Integrated Child Development Project, Chowki, Sector Biharikasa, District Rajnandgaon (Chhattisgarh).

---- Respondents ------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Manoj Paranjpe, Advocate For State :

Mr. S.P. Kale, Dy. Advocate General Respondent No.1 & 2 on advance copy ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/08/2016 Heard.

1.

The petitioner has challenged the transfer order on the ground that the petitioner is suffering from Cancer and she is in need of regular treatment at Raipur, which is very near to the present place of posting. The place where the petitioner is being transferred is more than 80 km from Raipur.

2.

Ordinarily, the other kind of difficulties may not invoke jurisdiction of this Court. The present petitioner is suffering from deadly disease, therefore, the case of the petitioner requires consideration. On that ground, it is expected from the transferring authority to ensure that the petitioner is either continued at the

present place or at any place which is nearer to Raipur so that the petitioner can take proper treatment.

3.

The representation has already been made by the petitioner. Respondent authority is directed to consider and decide the same within a period of four weeks. If no body has joined, the petitioner shall be allowed to continue otherwise, atleast the petitioner shall not be compelled to join at the new place of posting till decision of the representation.

4.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra