High Court Of ChhattisgarhWPS/7791/2019disposed off

Dr. Laxman Kumar Bharti v. State Of Chhattisgarh

2019-09-25Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7791 of 2019 Dr. Laxman Kumar Bharti S/o Late C. L. Bharti Aged About 50 Years R/o Hirapur Basti, Ward No. 1 ( Veer Sawarkar Nagar ) Mobile Tower, Near Ashwarya Talkis, Post Officer Tatibandh, Raipur, District - Raipur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhavan, Atal Nagar, Thana And Post Naya Raipur, Naya Raipur, District Raipur Chhattisgarh. 492002

2. State Of Chhattisgarh, Through Convener And Secretary, Committee Of Senior Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Thana And Post Naya Raipur, Naya Raipur, District - Raipur Chhattisgarh. 492002

3. State Of Chhattisgarh, Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhavan, Atal Nagar, Thana And Post Naya Raipur, Naya Raipur, District Raipur Chhattisgarh 492002

4. Dr. Tikeshwari Ganveer, Ayurved Medical Officer, Specilaity Clinic, Dhaneli Kunhar, District - Uttar Baster Kanker, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Arjit Tiwari, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2019

1. The challenge in the present Writ Petition is to the impugned order Annexure P/1 dated 21.08.2019 whereby the services of the petitioner has been transferred from Durg to Kanker.

2. Primary ground of challenge in that the petitioner come within the protected category as he is State President of Chhattisgarh SC, ST Karmachari Sangh (AJACKS). Therefore, he falls within the protected category and could not have been transferred by the respondents.

3. Given the aforesaid circumstances of the case, let petitioner make a representation to respondent No.1 within a period of 10 days and on receipt of the representation, the respondent No.1 in turn shall consider the case of the petitioner for within a period of 45 days.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order shall remain stayed so far as petitioner is concerned.

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit