High Court Of ChhattisgarhWPS/7872/2019disposed off

Ashok Kumar Mahipal v. State Of Chhattisgarh

2019-09-26Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7872 of 2019 Ashok Kumar Mahipal S/o Shri Kirit Ram Mahipal, Aged About 44 Years, Presently Working As Administrative Officer, R/o Yadunandan Nagar, Sector-D Road, Tifra, District- Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Medial Education, Mantralya, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh

2. Under Secretary, Department Of Medical Education, Mantralya, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh

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

4. Principal, Government Nursing College, Bilaspur, District- Bilaspur, Chhattisgarh

5. Sandeep Paikra S/o Rameshwar Prasad Paikra, Aged About 36 Years, Presently working as Administrative Officer, Government Nursing College, Ambikapur, District- Surguja, Chhattisgarh ---- Respondents For Petitioner :

Mr. Pawan Kesharwani, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 26.09.2019

1. The challenge in the present writ petition is to the order of transfer

dated 23.08.2019 whereby the petitioner has been transferred from Govt. Nursing College, Bilaspur to Govt. Nursing College, Ambikapur.

2. The contention of the petitioner is that the place where the petitioner has been transferred i.e. Ambikapur, the person who was to be shifted i.e. Sandeep Paikra has got an interim protection from this Court in WPS No. 6905/2019 decided on 05.09.2010. Therefore, the petitioner, at this juncture, would find it difficult to join at the said place where Sandeep Paikra is already continuing by virtue of the interim protection granted by this Court.

3. Given the aforesaid facts, let the petitioner make a detailed representation to the respondent no.1 within a period of 10 days from the date of receipt of certified copy of this order and the respondent no.1, in turn, shall decide the representation of the petitioner along with the representation of Sandeep Paikra in WPS No. 6905 of 2019 and pass a common order so as to avoid further complication.

4. Till the representation of the petitioner and that of Sandeep Paikra is decided, there shall be stay of the effect and operation of the impugned order so far as the petitioner is concerned.

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