Namisha Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6199 OF 2019 Namisha Soni W/o Shri Ashish Soni Aged About 30 Years R/o Samta Nagar Colony, Post Govindpur, Kanker, District North Bastar Kanker, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through Principal Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. The Collector District North Bastar Kanker, Chhattisgarh.

3. The Director Health Services, Indravati Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh.

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

... Respondent(s) For Petitioner :

Shri Shishir Dixit, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19.08.2019

1. The challenge in the present writ petition is to the order of transfer dated 12.07.2019 passed by the respondents transferring the petitioner from District Hospital Kanker to Civil Hospital, Pakhanjur, Koylibeda.

2. The contention of the petitioner is that, the Husband of the petitioner is also a government servant and posted at Raipur. The petitioner had moved an application requesting for her transfer to a place in an around Raipur, however, contrary to the said request, the respondents have now issued the impugned order transferring her to a far more interior place which is more than 100 KM from the present place of posting creating further difficulties to the petitioner.

3. According to the petitioner, she has already worked in a scheduled area for a period of more than 7 years and therefore she ought to have now sent to a non scheduled area which again has not been taken note of by the authorities.

4. Given the said facts and circumstances of the case as has been narrated by the petitioner, let the respondent No.2 consider the case of the petitioner and the representation which the petitioner has made is decided and an appropriate order be passed at the earliest preferably within a period of 45 days from today. Till the representation of the petitioner is decided by the respondent No.2, the effect and operation of the order dated 12.07.2019 shall remain stayed so far as petitioner is concerned.

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