Rangnath Dubey v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 8352 of 2019 Rangnath Dubey S/o Shri Balmukund Dubey Aged About 53 Years Presently Working As MPW (Multipurpose Health Worker) At SHC Amarkot, Tahsil Saraipali District Mahasamund, Chhattisgarh. ---- Petitioner(s)

Versus

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

2. Under Secretary Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh.

3. Director Health Services Directorate Indrawati Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

4. Collector District Mahasamund, Mahasamund, Chhattisgarh.

5. Chief Medical And Health Office District Mahasamund, Chhattisgarh.

6. Block Medical Officer Community Health Center, Saraipali, District Mahasamund, Chhattisgarh.

---Respondents For Petitioner :

Ms. Sharmila Singhai, Advocate.

For State :

Shri Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.10.2019

1. Challenge in the present Writ Petition is to the order of transfer dated 23.08.2019 whereby the petitioner has been transferred from Sub Health Centre, Amarkot, District Mahasamund to Sub Health Centre, Baronda, District Gariyaband.

2. The contention of the petitioner is that, the appointing authority of the petitioner is the Chief Medical and Health Officer of the concerned District and the seniority and promotion is considered district wise, and therefore the petitioner should not have been transferred to another District.

3. Given the said facts and circumstances of the case, it appears that the petitioner's services is a district cadre post and in the event of petitioner

-2being shifted to another district, the seniority of the petitioner would get adversely affected.

4. Accordingly, let the petitioner make a representation in this regard to the respondents within a period of 10 day from today, who, in turn, shall consider and decide the same in accordance with transfer policy at the earliest preferably within a further period of 45 days.

5. 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.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder