Sandeep Paikra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6905 of 2019 Sandeep Paikra S/o Shri Rameshwar Prasad Paikra Aged About 36 Years Presently Working As Administrative Officer, R/o Shiv Shankar Chowk, Dairy Farm Road, Gandhi Nagar, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Medical Education, Mantralaya, Mahanandi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Under Secretary Department Of Medical Education, Mantralaya, Mahanandi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Director Directorate Of Medical Education, Old Nurses Hostel, D. K. S. Bhawan, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. Principal Nursing College, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ----Respondents For Petitioner :

Mr. Pawan Kesharwani, Advocate For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/09/2019

1. The challenge in the present writ petition is to the order Annexure P/1 dated 23.08.2019, whereby the petitioner has been transferred from Govt. Nursing College, Ambikapur to Late Shri Lakhiram Agrawal Smriti Chikitsa Mahavidyalaya, Raigarh.

2. The contention of the petitioner is that the petitioner is an office bearer the District President of Chhattisgarh Anusuchit Janjati Shaskiya Sevak Vikas Sangh and thereby the petitioner falls within the protected category under the transfer policy of the State Government. The second ground of the petitioner is that the wife of the petitioner is an government employee and she is also posted at Ambikapur.

3. Given the said facts, let the petitioner make a detailed representation to the respondents within a period of 10 days from today and the respondents in turn shall subject to verification decide the representation within a further period of 45 days from the date of receipt of representation. Meanwhile, there shall be a stay of the effect and operation of the impugned order, so far as the petitioner is concerned.

4. The authorities concerned are also directed to verify the fact whether the petitioner does fall under the protected category under the transfer policy of the State Government or not.

5. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved