Mrs. Saraswati Chakravartty v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8434 of 2019 Mrs. Saraswati Chakravartty W/o Mr. Purnendu Chakravartty Aged About 54 Years Post Rural Health Organizer (Female) Post At Sub Health Center Kokpur Block Kanker, District Uttar Bastar Kanker Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Collector District Uttar Baster Kanker Chhattisgarh

3. Chief Medical And Health Officer Uttar Baster Kanker Chhattisgarh

4. Smt. Archana Thakur Primary Health Center, Amabeda, Block Antagarh District Uttar Bastar Kanker Chhattisgarh

5. Block Health Officer Community Health Center, Dhanelikanhar, District Uttar Bastar Kanker Chhattisgarh ----Respondents For petitioner - Shri Parag Kotecha, Advocate. For State- Shri Soumya Rai, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 16/10/2019 1.

Learned counsel for the petitioner would submit that the petitioner who is working as Rural Health Organizer (Female) at Primary Health Center, Kokpur, Block Kanker has been transferred to Primary Health Center, Amabeda, Block Antagarh by an order dated 12/07/2019. It is contended that the petitioner is 40% disabled as per Annexure P-4 and there is no direct conveyance is available to reach the place of transfer. Consequently, representation was filed by the petitioner which too was forwarded by the Joint Collector to the Chief Medical Officer, however the same is not being decided. It is therefore contended that transfer of the petitioner to the remote place wherein conveyance is not available may be cancelled.

2.

Perused the document Annexure P-4 which certifies that the

petitioner is 40% disabled. Considering such disability recommendation was made by Joint Collector to the Chief Medical Officer and the fact that representation has been made, petitioner is directed to file fresh representation within a period of 15 days from today to the respondent No.3, Chief Medical and Health Officer, Uttar Bastar Kanker. If such representation is filed, same may be considered and decided within a further period of 45 days. Till then it is directed that the petitioner may not be forced to comply transfer order dated 12/07/2019. 3.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri