Baleshwar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8184 of 2019 • Baleshwar Yadav S/o Shri Banshidhar Yadav Aged About 40 Years Presently Working As Radiographer, Community Health Centre, Udaypur, Block Udaypur, District - Surguja Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through - The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District - Raipur Chhattisgarh.

2. Director, Health Services, Indravati Bhawan, Atal Nagar Raipur, District - Raipur Chhattisgarh.

3. Collector, Ambikapur, District Surguja Chhattisgarh ---- Respondents For Petitioner :

Shri C.J.K. Rao, Advocate For Respondents/State :

Ms. Astha Shukla, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/10/2019

1. Heard.

2. This is the second round of litigation against the cancellation of representation which was ordered by this Court to consider the representation vide order dated 02.08.2019 passed in WPS No.5647 of 2019.

3. The short facts of this case are that the petitioner was transferred from Community Health Centre, Udaypur to Community Health Centre, Mainpath. Since the petitioner is a radiographer and at Mainpath post of radiographer is

not vacant, consequently, earlier petition was filed. Subsequently, at CHC, Udaypur a radiographer has been appointed. The representation filed by the petitioner has been rejected that one post of radiographer at Mainpath is still vacant.

4. After perusal of the Annexure P-1, the argument advanced by learned counsel for the petitioner cannot be appreciated that only one post of radiographer is available at CHC, Mainpath. The rejection of the representation (Annexure P-1) at para 4 specifically it has been stated that one post of radiographer is still vacant at CHC, Mainpath. Considering the same, I am not inclined to interfere with the impugned order.

5. Accordingly, the petition is dismissed.

Sd/- Goutam Bhaduri Judge Ashu