Makhan Lal Sinha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8699 of 2019 Makhan Lal Sinha, S/o. Lt. Shri Sunderlal Sinha, Aged About 49 Years, Occupation- Driver, Office Of Chief Medical Officer, District- Kanker, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Health And Family Welfare Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh

2. Chief Medical And Health Officer Kanker, District - North Bastar, Kanker, Chhattisgarh ---- Respondents For Petitioner :

Ms. Deepali Pandey, Advocate For State/Respondents :

Mr. Amrito Das, Addl. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.10.2019 Heard 1.

Grievance of the petitioner is that the petitioner who is working as Driver in the C.M.H.O. District Kanker has been transferred to Community Health Center Vishrampuri, District Kondagaon on the administrative ground. 2.

It is contended that the petitioner being Driver, his seniority is being maintained at district level and clause 5 of the transfer order would show when the transfer has been made other district wherein the seniority would be affected then in such case the transferred employee may not opt to be relieved on the ground that his seniority would be affected. 3.

Perused the transfer order. Considering clause 5 of the transfer order and the averments of the petitioner that his seniority would be affected, if he is transferred and further taking into fact that the petitioner has already been made a representation in this regard, it is directed that the said

representation shall be decided by the respondent authorities within a further period of 60 days from the date of receipt of a copy of this order. Till the representation of petitioner is decided, the transfer of the petitioner shall not be given effect to, if it has not been given effect to till date.

4. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge ashok