High Court Of ChhattisgarhWPS/5746/2019disposed off

Smt. Hemlata Singh v. State Of Chhattisgarh

2019-08-06Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5746 of 2019

1. Smt. Hemlata Singh, Wife Of Shri M.L. Markam, Aged About 32 Years, Working As Rural Health Worker (Female), Sub-Health Center, Chirmi (Khadgawan), District-Koriya, Chhattisgarh ---- Petitioner

Versus

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

2. The Collector And District Magistrate Koriya (Baikunthpur), DistrictKoriya Chhattisgarh

3. The Block Medical Officer Khadgawan, District-Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

4. Vidhyawati Singh Working As R.H.O., Sub-Health Center, Mero, District- Koriya, Chhattisgarh ---Respondents For Petitioner :

Mr. D.N. Prajapati, Advocate For State :

Mr. Somkant Verma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 06.08.2019

1. The challenge in the present Writ Petition is to the order of transfer dated 12.07.2019 (Annexure P/1) passed by the respondents transferring the petitioner from Sub-Health Center, Chirmi (Khadgawan), District: Koriya to Sub-Health Center, Mero, District: Koriya, (C.G.).

2. The challenge in the transfer order is on the ground that, the impugned order reflects transfer of the petitioner to have been made at the request of the petitioner.

-23. According to counsel for the petitioner, the petitioner has never moved any application nor has requested any order of transfer, yet the authorities have shown the order of transfer to have been on its own cost.

4. Given the limited grievance that, the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of the facts that, whether the petitioner has made a request for transfer, the impugned order so far as the petitioner is concerned, shall not be given effect to. However, in case on verification, if it is found that the petitioner has in fact made a request, then the impugned order would not stand interfered and the respondents would be at liberty to relieve the petitioner from the present place of posting. Meanwhile, till the verification is done, the effect and operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

5. The present Writ Petition, accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rahul