Chandra Prakash Nair v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8759 of 2019 Chandra Prakash Nair, S/o. Late P.K.M. Nair, Aged About 50 Years, Working as District Account Manager, Office At The Chief Medical And Health Officer Durg, District Durg, Chhattisgarh.

---- Petitioner

Versus

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

2. Mission Director National Health Mission Nava Raipur Atal Nagar Raipur District Raipur Chhattisgarh.

3. Chief Medical And Health Officer Durg, District Durg, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Shakti Raj Sinha, Advocate For State/Respondents :

Ms. Richa Shukla, Govt. Advocate No.1 & 3.

For Respondent No.2 :

Mr. C. Jayant K. Rao, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.10.2019 Heard 1.

Grievance of the petitioner is that the petitioner has been transferred from the Office of Chief Medical & Health Officer, Durg to District Bastar on the administrative ground.

2.

This is the second round of litigation; in the first round, the transfer order was subject of challenge before this Court in WPS No.7129 of 2019. This Court by the order dated 06.09.2019 has directed the respondents to decide the representation of the petitioner within stipulated period of time and it was ordered till then the effect and operation of the transfer order was stayed. Thereafter, the representation was made by Annexure P-3 dated 13.09.2019 and it was dismissed by Annexure P-4 dated 16.10.2019.

3.

Learned counsel for the petitioner submits that the representation having been dismissed, the petitioner made an application to place him in other place, which may be considered on the ground that his mother is 74 years of age and is ailing and he has to look after her mother. 4.

Considering the transfer policy, I am not inclined to interfere with the transfer; however, the application Annexure P-6, which is given to the respondent No.2 may be considered.

5.

It is contended by the counsel for the respondent No.2 the prayer would be considered. Considering the same, the petition is disposed of with an observation that the respondent No.2 shall consider the application for mutual transfer of the petitioner within a reasonable period of time, as soon as possible within a period of 60 days from receipt of this order. Sd/- Goutam Bhaduri Judge ashok