High Court Of ChhattisgarhWPS/7387/2019disposed off

Smt. Saroj Mishra v. State Of Chhattisgarh

2019-09-11Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7387 of 2019 Smt. Saroj Mishra W/o Shri Ashwani Sharma Aged About 48 Years Presently Posted As Eye Assistant Officer, At Community Health Centre Tumgaon, Block And District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Medical And Health Officer District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

3. Block Medical Officer Tumgaon, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ashutosh Mishra, Advocate For State :

Mr. P. Acharya, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 11/09/2019

1. The challenge in the present writ petition is to the impugned order Annexure P/1 dated 23.08.2019 whereby the services of the petitioner has been transferred from the Community Health Centre, Tumgaon, Block and District Mahasamund to Primary Health Centre, Risda, District Baloda Bazar.

2. The contention of the petitioner is that the petitioner is the District President of Chhattisgarh Pradesh Swasthya Karmachari Sangh and thereby the petitioner falls within the protected category under the transfer policy of the State Government.

3. Given the said facts, let the petitioner make a detailed representation to the respondents No.2 & 3 within a period of 10 days from today and the respondents No.2 & 3 in turn shall 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