Dr.Smt. Usha Shivhare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6885 of 2018 Dr. Smt. Usha Shivhare W/o Shri R. K. Shivhare, Aged About 60 Years, Professor And Head Of Department Botany At J.P. Verma College, Bilaspur, District- Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Under Secretary, Higher Education, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

2. The Commissioner, Higher Education Directorate Atal Nagar Raipur, District- Raipur, Chhattisgarh

3. The Principal, J. P. Verma Post Graduate Arts And Commerce College, Bilaspur, District- Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri A. S. Rajput, Advocate For State :

Shri S. P. Kale, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 11.10.2018 The challenge in the present writ petition is to the order Annexure P-1 dated 05.10.2018 whereby the services of the petitioner have been transferred from Bilaspur to Surguja.

2.

Contention of the counsel for the petitioner is that the petitioner is a cancer patient and is undergoing treatment at Apollo Hospital, Bilaspur and she is required to undergo frequent Chemotherapy. Therefore, at this juncture, the petitioner should not be transferred outside Bilaspur

considering her illness and also taking into consideration the treatment which the petitioner is undergoing.

3.

Given the said facts, let the petitioner make a detailed representation to respondent no.1 in this regard supported with all relevant medical documents and respondent no.1 in turn shall take a sympathetical consideration on the claim of the petitioner and take a decision within a period of 3 months from the date of receipt of the representation. Till then, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

4.

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

Certified copy today.

Sd/- P. Sam Koshy Judge Khatai