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High Court Of ChhattisgarhWPS/6848/2019disposed off

Dr. Sanjay Raj v. State Of Chhattisgarh

2019-09-05Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6848 of 2019

1. Dr. Sanjay Raj, S/o Shri H.L. Raj, Aged About 40 Years, Occupation Service, Working As Veterinary Assistant Surgeon, Veterinary Hospital Kota, District: Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Department Of Livestock Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh

2. Director, Directorate Of Veterinary, Services, Chhattisgarh, Raipur, Chhattisgarh

3. Joint Director, Veterinary Services, Bilaspur Division, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh

4. Collector, Bilaspur, Police Station Civil Lines, Tahsil And District Bilaspur, Chhattisgarh

5. Dr. Rajkumar Kurre, S/o Shri Kurre, Aged About 39 Years, Occupation: Service, Working As Veterinary Assistant Surgeon, Veterinary Hospital Pakhanjur, District: Kanker, Chhattisgarh ---Respondents For Petitioner :

Ms. Anubhuti Marhas, Advocate For State :

Mr. Ayaz Naved, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 05.09.2019

1. The challenge in the present Writ Petition is to the impugned order Annexure P-1 dated 22.08.2019, whereby the petitioner has been transferred from Veterinary Hospital, Kota, District: Bilaspur to Veterinary Hospital, Pakhanjur, District: Kanker, (C.G.).

2. The contention of the petitioner is that the petitioner in the past has worked for more than 6 years in schedule area ie., from January,

-22016 to February, 2012. During this time the petitioner was posted at District: Baster and thereafter the petitioner was transferred to the present place of posting and vide the impugned order, he has again been sent to the scheduled area.

3. According to the petitioner, having served the department in a scheduled area for a period of more than 6 years in the past, the respondents ought not have posted the petitioner again in the scheduled area but should have posted the petitioner in a nonscheduled area.

4. Considering the facts of the case, let the petitioner make a detailed representation to the respondent within a period of 10 days from the date of receipt of copy of this order and the respondent shall consider the same within a period of further 45 days from the date of receipt of representation of the petitioner.

5. Till the representation of the petitioner is decided, there shall be stay of the effect and operation of the impugned order (Annexure P-1), so far as the petitioner is concerned.

6. Accordingly, the present Writ Petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rahul