Smt. Manisha Nagre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9293 of 2019 • Smt. Manisha Nagre W/o Shri Rakesh Kumar Nagarachi Aged About 32 Years Occupation Patwari, District Dhamtari, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management Matralaya, Mahanadi Bhawan, Naya Raipur, Police Station Abhanpur, District Raipur, Chhattisgarh

2. Collector Dhamtari, District Dhamtari, Chhattisgarh ---- Respondents For Petitioner :

Ms. Deepali Pandey, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/11/2019

1. Heard.

2. The grievance of the petitioner is that because of the serious medical health conditions, to get treatment at Raipur, a representation was made before the respondent State to transfer inter-district either to Raipur or to Dhamtari to avail the medical facilities. This Court in WPS No.3715 of 2019 has passed the order to consider the representation of the petitioner. Consequently, pursuant to the representation made, the petitioner vide order dated 13th of August, 2019 (Annexure P-4) was transferred from District Kabirdham to District Dhamtari. After joining her place of posting at Dhamtari which is 80 KM away from Raipur by order of the Collector she has been transferred to Nagari, which is 140 KM

away from Raipur. It is contended that therefore, the earlier order passed by the State has been eventually defeated in view of the order passed by the Collector, whereby she has been placed more away from earlier place of posting from Kabirdham, wherein she was transferred to Dhamtari which is nearer to Raipur.

3. Perused the documents and the earlier order passed by this Court. It appears that pursuant to the order passed by this Court in WPS No.3715 of 2019, the petitioner made a representation and thereafter the petitioner was transferred to Dhamtari. Pursuant to her transfer to Dhamtari she has been transferred to Nagari, Headquarter Guhannala. Perused the medical documents as also the earlier order. Considering the facts of this case, it is directed that the petitioner may make a representation before the concerned Collector raising the ground of medical difficulties by reference to earlier reason of transfer apprising the fact that she was placed at Dhamtari to avail the medical facilities at Raipur. The petitioner may file the necessary representation within a period of three weeks from today and on such representation being filed, the same shall be decided within a period of 60 days from the date of receipt of the representation. Till the representation of the petitioner is decided, the the order dated 27.09.2019 in respect of the petitioner shall not be given effect to.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu