Maheshwar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR [Arising out of order dated 03.09.2021 passed by the learned Single Judge in WPS No.4651 of 2021] • Maheshwar Singh S/o Late Chhatrapal Singh Aged About 56 Years Presently Posted As Medical Officer At Community Health Centre Bhatgaon District Surajpur Chhattisgarh R/o B - 14, Urja Nagar, Jarthi Colony, Nagar Panchayat Jarhi District Surajpur Chhattisgarh.

---- Appellant

Versus

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

2. Director Directorate Of Health Services Byron Bazar, Raipur Chhattisgarh.

3. Divisional Joint Director Directorate Of Health Services Sarguja Division, Ambikapur Chhattisgarh.

4. Chief Medical And Health Officer District Surajpur Chhattisgarh.

5. Anuj Kumar Rajwade Janpad Member, Area No. 14, Janpad Panchayat Bhaiyathan District Surajpur Chhattisgarh. ---- Respondents For Appellant :- Mr. Ishan Verma, Advocate For Respondent-State :- Mr. Arjit Tiwari, PL Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Smt. Rajani Dubey, J

Judgment On Board By Prashant Kumar Mishra, Ag.CJ 28/09/2021

1. Heard.

2. Feeling aggrieved by the order passed by the Divisional Joint Director, Sarguja Division on 14.7.2021 directing the appellant (henceforth 'the petitioner') to work at District Hospital, Surajpur instead of Community Health Center Bhatgao, the petitioner has preferred the writ petition wherein the impugned order has been passed.

3. Learned Single Judge has refused to interfere in the matter, however, petitioner has been allowed liberty to approach the authorities in the department by making suitable representation ventilating his grievances, which if made, shall be looked into by the authorities concerned.

4. Learned counsel for the petitioner submits that if the petitioner is relieved during pendency of the representation he may suffer irreparable loss and the entire writ petition will become infructuous.

5. Considering the submission made by learned counsel for the petitioner, the writ appeal is disposed of with a direction that in the event, if the petitioner makes representation before

the Director, Directorate Health Services, Byron Bazar, Raipur C.G. within a period of four weeks from today, the said authority shall consider and decide the representation in an objective manner, in accordance with law, by a reasoned order, within a further period of 08 weeks, however, till the representation is decided, status-quo, as it exists today, in respect of petitioner's posting shall be maintained.

Sd/- Sd/- (Prashant Kumar Mishra) (Rajani Dubey) Acting Chief Justice Judge Ayushi