High Court Of ChhattisgarhWPS/9405/2019disposed off

Dr. Murlidhar Swarnakar v. The State Of Chhattisgarh

2019-11-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9405 of 2019 • Dr. Murlidhar Swarnakar S/o Late Sitaram Aged About 55 Years R/o Kashyap Colony, Gitanjali Nagar, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

• The State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Police Station Rakhi, New Raipur, District Raipur, Chhattisgarh ---- Respondent For Petitioner :

Shri Rahul Tamaskar, Advocate For Respondent/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner is Assistant Lecturer working at Government College, Seepat, Bilaspur has been transferred to Government College Nagari Sihava, District Dhamtari.

3. Learned counsel for the petitioner submits that in the earlier occasion too the petitioner had filed a representation on the ground of serious medical conditions and he is not fit to join and requested to transfer him in a nearby place to either Raipur or Bilaspur apart from this petitioner's wife is also suffering from arthritis and that was also one of the additional conditions. It is contended that because of the medical leave, which the government after examination has granted, he

could not challenge the transfer order immediately and till date the petitioner is on leave. Therefore, it is prayed that the transfer of the petitioner may be canceled.

4. Perused the documents. A bulk of medical documents which are attached with the petition shows that the petitioner is under some treatment and certain documents of the wife of the petitioner are also placed. Considering the same as also the fact that already the representation has been made by the petitioner to the Grievance Rederessal Committee, the Committee is directed to decide the same taking into the medical difficulty of the petitioner within a period of 60 days from the date of receipt of the copy of this order. Till the representation is decided, the transfer order dated 21.08.2019 in respect of the petitioner shall not be given effect to.

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