Smt. Ashwani Shrivastava v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6854 of 2017 • Smt. Ashwani Shrivastava W/o Shri Sanjay Shrivastava, Aged About 45 Years Working As Rural Health Co-Ordinator (Female) At Kawardha, R/o Bramhanpara, Sheetala Ward No.19, Kawardha, District Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralay, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. The Director, Health Services, Department Of Health And Family Welfare, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. The Chief Medical And Health Officer, Community Health Centre, Kawardha, District Kabirdham, Chhattisgarh

4. The Block Medical Officer, Community Health Centre, Kawardha, District Kabirdham, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------- For Petitioner :

Mr. Dharmesh Shrivastava, Advocate.

For State :

Mr. Adiraj Surana, GA ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 08/12/2017 1.

This petition has been filed by the petitioner assailing correctness of the order dated 16-11-2017 by which the petitioner has been attached. 2.

Learned counsel for the petitioner referring to a circular dated 2603-2014 (Annexure P-6) submits that the attachment is not altogether prohibited but the Officer District Level could pass the order only for a period of 7 days and if it is required to be extended further, up to 15 days, it

could be done by the Officer at the Divisional/ Directorate level. If attachment beyond 15 days is required, the Goverment will have to decide the matter.

3.

The impugned order shows that the petitioner has been attached till 31-03-2018. The order does not show any sanction of the Government was taken. The order, therefore, may at the most require the petitioner to continue for 7 days and further extension of 15 days could be done either by the Divisional Level or thereafter by the State Government. It is stated that the petitioner has not joined at the place where she has been attached. The petitioner should join the attached place. If continuance is necessary beyond 7 days but within 15 days, Divisional level Officer will extend. If further extension is necessary, Government will have to pass an order.

4.

Accordingly, the petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rohit