Rameshwar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6093 OF 2019 Rameshwar Sahu S/o Late Shri Darbariram Sahu Aged About 50 Years Occupation- Rural Health Coordinator (Male), Sub-Health Center, Kirgoli, Block- Kanker, District- North Bastar Kanker Chhattisgarh.

...Petitioner(s)

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 Director Health Services, Chhattisgarh, Raipur Chhattisgarh.

3. The Collector District North Bastar Kanker Chhattisgarh.

4. The Chief Medical And Health Officer District North Bastar Kanker Chhattisgarh.

... Respondent(s) For Petitioner :

Shri DN Prajapati, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16.08.2019

1. Challenge in the present Writ Petition is to the order of transfer dated 12.07.2019 whereby the petitioner has been transferred from Sub Health Centre, Kirgoli to Sub Health Cerntre, Tuskal.

2. The contention of the petitioner is that, the petitioner falls within the protected category as he is the District Secretary of Swasthya Sanyojak Karmachari Sangh, Chhattisgarh.

3. Given the aforesaid facts, let the petitioner make a representation in this regard to the respondent No.3 within a period of 10 day from today along with copy of transfer policy of the State highlighting the aspect of the petitioner being under the protected category, and the respondent No.3, in turn, shall consider and decide the same in accordance with transfer policy at the earliest preferably within a further period of 30 days. Till the representation of the petitioner is decided, the effect and operation of the

order dated 12.07.2019 shall remain stayed so far as petitioner is concerned.

4. The interim order has been made on the contention of the petitioner that there is no replacement made in the transfer order so far as petitioner's place is concerned.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder