Santosh Kumar Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8508 of 2019 Santosh Kumar Singh S/o Late Ramdhani Singh Aged About 52 Years Occupation - Health Supervisor, R/o Ward No. 2, Near Kali Mandir, Wadrafnagar, Tahsil Wadrafnagar, District Balrampur Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through Secretary, Health And Family Welfare Department Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh.,

2. Under Secretary Health and Family Welfare Department Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh.

3. The Chief Medical and Health Officer Balrampur, District Balrampur Chhattisgarh.

4. The Block Medical Officer Primary Health Center, Wadrafnagar, District Balrampur, Chhattisgarh.

5. B.N. Gupta Occupation Health Supervisor, Resident Office Of Block Medical Officer, Wadrafnagar, Tahsil Wadrafnagar District Balrampur Chhattisgarh., --- Respondents For the Petitioners : Mr. Alok Kumar Pandey, Advocate For the Respondent : Mrs. Richa Shukla, Dy. G. A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2019

1. The grievance of the petitioner is that the petitioner was initially working as Health Worker. Subsequently he was promoted as Health Supervisor vide order dated 15.02.2013 (Annexure P-2). Thereafter, the transfer order of health supervisor was issued vide 23.08.2019 (Annexure P-4) wherein the name of petitioner was not included. However, in respect of transfer of Rural Health Coordinators, another list was issued on the same date i.e., 23.08.2019 wherein the petitioner has been shown as health worker/co-ordinator transferring him from Sector Balangi Vikas Khand Wadrafnagar to sub-primary center, Sanawal, Vikas Khand

Ramchandrapur District Balrampur. Learned counsel for the petitioner therefore submits that the order Annexure P-1 would not be applicable to the petitioner as he petitioner was promoted as Supervisor way back in the year 2013.

2. Perused the documents. Annexure P-1 dated 23.08.2019 is the transfer order of Rural Health Coordinators wherein the name of the petitioner has been shown transferring him as health worker from sector Balangi, Block Wadrafnagar to Sub-primary Center, Block Ramchandrapur, Distt. Balrampur. Annexure P-2 is the order dated 15.02.2013 which would show that the petitioner who was working as health worker had already been promoted as Health Supervisor much earlier in the year 2013 and in transfer list of Health supervisors Annexure P-4 which was issued on 23.08.2019, the name of petitioner was not included.

3. Taking into such fact, the petitioner shall be at liberty to make a representation before respondent no.2 to delete his name from Annexure P-1 which pertains to transfer list of the health workers/health coordinators within a period of 3 weeks from today and on such a representation being filed, the same shall be considered and decided within a further period of 60 days.

4. In the meanwhile, the petitioner shall not be forced to comply the order dated 23.08.2019 (Annexure P-1) to join his duties at Sub-Primary Center, Sanawal Vikas Khand Ramchandrapur District Balrampur on any other ground.

5. With the above observations/direction, this petition stands disposed. Sd/- GOUTAM BHADURI JUDGE R a o