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High Court Of ChhattisgarhWPS/6231/2019disposed off

Shyamadas @ Shyama Saluja v. State Of Chhattisgarh

2019-08-19Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6231 of 2019 Shyamadas @ Shyama Saluja W/o Shri Anil Saluja, Aged About 53 Years, Presently Working As Nursing Sister, Community Health Centre (CHC) Chirmiri, District- Korea, Chhattisgarh ---- Petitioner

Versus

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

2. The Collector Korea, District- Korea, Chhattisgarh

3. Sushma Ekka, Presently Working As Nursing Sister, District- Hospital Baikunthpur, District- Korea, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sudeep Agrawal, Advocate For State :

Ms. Sunita Jain, Govt. Advocate 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 Annexure P-1 dated 12.07.2019 whereby the petitioner has been transferred from Community Health Centre (CHC), Chirmiri to District Hospital Baikunthpur.

2. The ground on which the petitioner seeks cancellation of the impugned order is that the only child of the petitioner is 70% disabled and is also suffering from mentally retardation as is evident from the

certificate issued by the District Medical Board Anneuxre P-2. According to the petitioner, the said child is solely dependent upon the care given by the petitioner and it would be difficult to her to shift her child at this juncture to a different location.

3. Given the aforesaid factual matrix of the case, let the petitioner make an appropriate representation to the respondent no.2 within a period of 10 days from today and the respondent no.2 in turn shall consider the claim of the petitioner sympathetically and pass an appropriate order within a period of 30 days from the date of receipt of representation of the petitioner.

4. Since it has been informed that the petitioner has been relieved ex parte, it is directed that the respondent No.2 shall permit the petitioner to discharge her duties at Community Health Centre, Chirmiri till the representation of the petitioner is decided. Sd/- P. Sam Koshy Judge Khatai