Sanjay Kumar Upadhyay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4052 of 2020 • Sanjay Kumar Upadhyay S/o Late Shri Ramesh Kumar Upadhyay Aged About 31 Years By Occupation Assistant Veterinary Field Officer, Veterinary Hospital, Kathakoni , Block Takhatpur , District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Animal Husbandry And Veterinary Services, Mahanadi Bhavan, Mantralaya , Atal Nagar , Nava Raipur , District Raipur Chhattisgarh.

2. The Under Secretary Department Of Animal Husbandry And Veterinary Services, Mahanadi Bhavan, Mantralaya , Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

3. The Director Directorate Of Veterinary Services Indrawati Bhawan, Block III, Ground Floor, Atal Nagar, Nava Raipur , Tahsil And District Raipur Chhattisgarh

4. Joint Director Veterinary Services, District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Anand Shukla, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 13.10.2020

1. Heard

2. The challenge in this petition is to the order dated 15.09.2020, whereby the petitioner has been transferred from Veterinary Hospital Kathakoni, Block Takhatpur, District Bilaspur to Veterinary Dispensary, Darbar Mokhli, Development Block Patan District Durg.

3. Learned counsel for the petitioner would submit that the petitioner met with a severe road accident and was on leave for 7-8 months and thereafter he has joined his services on 29.06.2020, though he is not fully recovered till date. He

further referred to the medical documents and would submit that petitioner transfer may be considered sympathetically.

4. Perused the medical documents filed along with the petition and the application for leave which shows that the petitioner met with an accident and was on leave for more than 6 months and he had joined on 29.06.2020. Considering the same, the petitioner is given the liberty to make a representation before Respondent No. 2 within a period of 3 months. If such representation is filed, Respondent No. 2 is directed to decide the same within a further period of 45 days from the date of receipt of a copy of the representation. The petitioner shall also be at liberty to place all the medical documents so as to apprise the authority about the ensuing difficulty.

5. In the meanwhile, till the representation of the petitioner is decided the transfer of the petitioner dated 15.09.2020 (Annexure P-1) shall not be given effect to.

6. With the above direction/ observation, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Jyoti