Dheeraj Kumar Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5759 of 2019 Dheeraj Kumar Sinha S/o Late Roshan Lal Sinha Aged About 37 Years Rural Health Center, Kopedih, Development Block Dongargarh, District Rajnangaon Chhattisgarh. R/o Village Charbhata, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya,. Atal Nagar, Nawa Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Chief Medical And Health Officer Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Shri Ramit Kumar Patila Rural Health Organizesd (Male) Sub Health Centre, Rengakathera, Block Mohla, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Mr. S. K. Guha, Advocate For State :

Ms. Akansha Jain, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 06/08/2019

1. The challenge in the present writ petition is to the impugned order Annexure P-1 dated 12.07.2019 whereby the services of the petitioner has been transferred from Health Centre, Kopedih, Block Dongargaon, District Rajnandgaon to Health Centre, Rengakathera, Block Mohla, District Rajnandgaon.

2. The challenge is on the ground that petitioner is handicapped person and Annexure P-3 is the certificate in this regard showing that petitioner suffers from 40% of the permanent disability. Counsel for the petitioner submits that there are rules and guidelines framed by the State Government whereby a handicap person should not be subjected to frequent transfer and should not be posted at a place where he would find it difficult to travel and easily reach to the his office.

3. Given the aforesaid facts and circumstances of the case, let petitioner make a detailed representation, in addition to representation that he has already made to the respondent No. 2 who in turn, shall consider the case of the petitioner based on the contents raised in the representation. Till the representation of the petitioner is decided, the respondents are restraint from acting upon the impugned order of transfer so far as the petitioner is concerned.

4. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit