Smt. Pinku Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8730 of 2019 Smt. Pinku Patel W/o Shri Pankaj Kumar Atel Aged About 31 Years Working As Staff Nurse At Community Health Center Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Health and Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

2. Chief Medical and Health Officer Koriya, District : Koriya (Baikunthpur), Chhattisgarh

3. Smt. Priyanka Sahu Staff Nurse, Government City Hospital, Balodabazar, District,Balodabazar-Bhatapara, --- Respondents For the Petitioner : Mr. Somkant Verma, Advocate For the Respondents : Mr. Sudhir Sahu, Panel Lawyer.

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

1. The grievance of the petitioner is that she has been transferred from Community Health Center, Manendragarh to Primary Health Center, Katgodi, Distt. Korea vide order dated 23.08.2019 (Annexure P-1) which is under challenge.

2. It is contended that the said transfer has been made on administrative ground only to accommodate respondent No.3 Smt. Priyanka Sahu who has been transferred from City Hospital Baloda Bazar to Community Health Center, Manendragarh on her own expenses. It is also contended that the petitioner has been transferred to a remote place which is at a distance of 80 Kms., from the present place of posting, thereby her family life has been

disturbed. Hence the impugned order Annexure P-1 may be cancelled.

3. On perusal of the impugned order, it appears that the petitioner has been transferred on administrative ground whereas respondent No.3 has been shifted to the place of petitioner on her own expense. Considering the same, it is directed that the petitioner shall be at liberty to make a representation to respondents 1 & 2 within a period of 15 days from the date of receipt of this order and on such representation being filed, the same shall be considered and decided within a further period of 45 days.

4. Till the representation of the petitioner is decided, the impugned order dated 23.08.2019 (Annexure P-1) shall not be given effect to if it has not yet been acted upon.

5. This writ petition accordingly stands disposed off. Sd/- GOUTAM BHADURI JUDGE R a o