Dhannulal Jaiswal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3459 of 2016 Dhannulal Jaiswal S/o. Shri Jagnulal Jaiswal Aged About 47 Years Presently Working As Pharmacist (Ayurved), Govt. Ayurvedic Dispensary, Dindori, Dist : Mungeli (Chhattisgarh) ---- Petitioner

Versus

State Of Chhattisgarh Through : The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) ---- Respondent For Petitioner :

Shri N. Naha Roy, Advocate For State :

Shri Gary Mukhopadhyay, Dy. A.G.

S.B.:

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

1. Learned counsel for the petitioner submits that the petitioner suffers from physical disability, therefore, respondents ought to have considered posting of the petitioner either at the same place or at nearby station. However, he has been transferred to another District -Raigarh.

2. I have gone through the document placed on record. The petitioner does suffer from some kind of orthopedic disability. However, whether such disability is of such an extent or nature as not to allow transfer from Mungeli to Raigarh is a matter of assessment by the concerned competent/transferring authority. The petitioner is at liberty to move representation on this ground. The State may obtain opinion of the medical officer and, thereafter, may decide petitioner's representation within a period of 6 weeks. If no one has been posted at the place of the petitioner till date, the petitioner may be allowed to continue at the

-2present place of posting for another 6 weeks.

3. With the observation and direction as above, the petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen