High Court Of ChhattisgarhWPS/5540/2020disposed off

Dr. Jagdish Prasad Banerjee v. State Of Chhattisgarh

2021-01-25Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5540 of 2020 Dr. Jagdish Prasad Banerjee S/o Gautam Das Banerjee, Aged About 61 Years, Presently Working As Homeopathy Medical Officer, Posted At Govt. Homeopathy Dispensary, Masturi, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

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

2. Deputy Secretary, Department Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh

3. Director, Ayush Department, Raipur, District Raipur, Chhattisgarh

4. District Ayurved Officer, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. C. Jayant K. Rao, Advocate For State :

Mr. Shrestha Gupta, P.L. for the State.

Hon'ble Shri Justice P. Sam Koshy Order On Board 25.01.2021

1. The challenge in the present writ petition is to the order of transfer dated 02.12.2020 whereby the petitioner has been transferred from Masturi, District Bilaspur to Rampur, District Korba.

2. Perusal of the pleadings would show that the petitioner has been

working in district Bilaspur since 2003 onwards.

3. Considering the tenure of posting of the petitioner in District Bilaspur, this Court does not find any strong case made out by the petitioner calling for an interference with the impugned order of transfer.

4. The contention of the petitioner is that he has got only one year of service left for retirement and therefore, as per the transfer policy, he could not have been transferred at this stage. This fact is also one which has to be looked into by the State Authorities keeping the transfer policy in mind. The writ petition also does not disclose the date of retirement.

5. In view of the same, let the petitioner prefer a representation to the respondent no.1 in this regard within a period of 10 days from today and the respondent no.1 in turn is directed to take a decision on the said representation within a further period of 15 days thereafter. Till the representation of the petitioner is decided, the petitioner should not be relieved from the present place of posting.

6. With the aforesaid direction, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai