Dr. Parmanand Sonkar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8622 of 2019 Dr. Parmanand Sonkar S/o Ram Prakash Sonkar, Aged About 34 Years posted as Unani Medical Officer, Govt. Unani Hospital, Durg (Chhattisgarh) Permanent R/o Anusha Residency, House No. 6-302/17 Flat No. 204, Second Floor, Plot No. 66, 67, Chandra Nagar Colony, Balapur Road, Ranga Reddy District, Hyderabad (Telengana) 500097.

--- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Health and Family Welfare, Mahanandi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh,

2. Collector, Durg District : Durg, Chhattisgarh

3. District Ayurved Officer, Durg District : Durg, Chhattisgarh

4. Dr. Rijwan Uddin, Unani Medical Officer, Primary Health Centre, Aara, District Balrampur, Chhattisgarh --- Respondents For the Petitioner : Mr. Goutam Khetrapal, Advocate For the Respondents : Mr. Sudhir Sahu, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2019

1. The case of the petitioner is that initially he was selected and posted as Unani Medical Officer at Primary Health Centre Raghunathpur Distt. Sarguja vide order dated 09.06.2011 (Annexure P-2) and thereafter he was transferred to PHC, Keshkal, Distt. Bastar by order dated 10.08.2011 (Annexure P-3) and subsequently the petitioner was transferred to Government Unani Hospital, Durg by order dated 14.09.2016 (Annexure P-4). While working at Durg, vide annexure P-5 dated 1.10.2018 the petitioner was selected to Central Nomination by the Central Government for studying the courses of MD PG (Unani) at NIUM, Bangalore and GNTC, Hyderabad for the Session 2018-2019. It is submitted that on 14.11.2018 the petitioner has been permitted and

relieved to Govt. Nizamiya Tibya College, Charminar, Hyderabad for prosecuting the advance course.

2. It is contended that though the petitioner is prosecuting his higher studies at Hyderabad pursuant to the order dated 14.11.2018 and his salary was being paid at Durg, but since he has been transferred to Primary Health Centre, Aara, Ditt. Balarampur vide Annexure P-1, his salary would not be disbursed unless and until the petitioner personally go and join there. The grievance of the petitioner is that presently he is undergoing the procedure of higher education under Central Nomination, as such, the petitioner cannot leave the place of study as no holidays are being provided for the purpose, therefore, the petitioner may be given liberty to make a detailed representation to respondent no.1 about his joining narrating all the facts and on such representation being filed, the State may be directed to allow the joining of petitioner through other communication, not in person.

3. Be that as it may, considering the submission made by the petitioner, it is directed that the petitioner shall be at liberty to make a detailed representation to respondent no.1 within a period of 15 days from the date of receipt of the order and if such a representation is filed, respondent no.1 shall consider and decide the same by passing an appropriate order within a further period of 60 days about the joining of petitioner.

4. With the above observations, this writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o