Disposed

Chandra Bhaskar Patel v. State Of Chhattisgarh

Chhattisgarh HC12 Aug 2016WPS/3516/2016

Case brief

AI extract

What is this about?

Writ petition challenging a transfer order on grounds of separation from wife and family hardship. Petitioner wife is a contractual employee. Court held policy does not apply and directed representation before the transferring authority.

What did the court decide?

Petitioner directed to approach the transferring authority for consideration of representation within four weeks.

Chandra Bhaskar Patel Vs State Of Chhattisgarh — Service and Employment | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3516 of 2016

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Chandra Bhaskar Patel S/o Shri Siyaram Patel, Aged About 32 Years Occupation Driver, R/o Village Dand Karwan, Post Revti, P. S. Chandora, Tahsil Pratappur, District Surajpur (Chhattisgarh).

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Department Of Public Health & Family Welfare, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh).

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The Director, Health Services, Directorate Raipur, District Raipur (Chhattisgarh).

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The Collector, District Surajpur (Chhattisgarh).

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The Chief Medical & Health Officer, Surajpur, District Surajpur (Chhattisgarh).

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The Block Medical Officer, Block & Tahsil Pratappur, District Surajpur (Chhattisgarh).

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---- Respondents

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For Petitioner : Mr. Ashok Kumar Shukla, Advocate For State : Mr. S.P. Kale, Dy. Advocate General on advance copy

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Hon'ble Shri Justice Manindra Mohan Shrivastava

Order On Board

12/08/2016

Heard.

The transfer order is under challenge on the ground that the petitioner has been transferred to a place which is 100 km away without keeping in view of the Transfer Policy of State Government to keep husband wife together either at the same station or nearby station as far as possible subject to administrative exigency. It is submitted that wife of the petitioner is posted as Anganbadi Worker at Anganbadi Center Bhuranidand, Pratapur. It is next submitted that petitioner has two small children. At this stage, if the petitioner is transferred, he would suffer serious hardship.

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The petitioner's wife is a contractual employee and not a regular employee, therefore, the Policy does not apply in the matter. All other grounds are matters of personal difficulty, therefore, there is no ground for interference by the Writ Court. However, if the petitioner prefers representation before the transferring authority, the same shall be considered and decided by the transferring authority at the earliest preferably within four weeks.

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The petition is accordingly disposed off.

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Sd/- (Manindra Mohan Shrivastava) Judge

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Chandra

Chandra Bhaskar Patel v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chandra Bhaskar Patel v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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