Dismissed

Mahesh Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC15 Jul 2021WA/177/2021

Case brief

AI extract

What is this about?

This division bench dismissed the writ appeal filed by an Ayurved pharmacist challenging his transfer to a remote scheduled area. Relying on a similar earlier appeal, the court rejected the challenge but reserved liberty for the appellant to file a fresh representation based on a specific Government circular, directing authorities to decide it within four weeks.

What did the court decide?

Liberty reserved to the appellant to file a fresh representation for seeking a suitable place of posting under the Circular dated 03.06.2015, to be decided by authorities within four weeks.

Mahesh Kumar Sahu Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2021)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WA No. 177 of 2021

¶5

Mahesh Kumar Sahu S/o Komal Ram Sahu Aged About 29 Years, Presently Posted As Pharmacist Ayurved, At Government Ayurved Hospital, Shampur, District- Kondagaon, Chhattisgarh.

¶6

---- Appellant

¶7

Versus

¶8

State Of Chhattisgarh, Through : The Secretary, Department of Health And Family Welfare, Mantaralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

¶9

Under Secretary Department of Health and Family Welfare, Mantaralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.

¶10

Deputy Secretary Department of Health And Family Welfare, Mantaralaya, Atal Nagar, Raipur, District - Raipur, Chhattisgarh.

¶11

District Ayurveda Medical OfÏcer District- Kondagaon, Chhattisgarh.

¶12

---- Respondent

¶13

For Appellant : Mr. Ishan Verma, Adv. For State/Respondent : Mr. Arijit Tiwari, PL.

¶14

Hon'ble Shri Prashant Kumar Mishra, Acting Chief Justice & Hon'ble Smt. Justice Rajani Dubey Order on Board

¶15

15/07/2021

¶16

Per Prashant Kumar Mishra, Acting Chief Justice.

¶17

Proceeding through video conferencing.

¶18

The petitioner had preferred WPS No. 3994/2020 to challenge his transfer order dated 15.09.2020 by which he was transferred to Govt. Ayurved Hospital Shampur, District-Kondagaon, to Primary Health Center Sendra (Usur), District-Bijapur. The challenge was made on the ground that having served in the scheduled area from 2013 onwards he could not have been

¶19

¶20

transferred to another scheduled area, which is situated at further remote place. The writ petition was disposed of permitting the petitioner to present a representation. When the representation was dismissed by order dated 02.01.2021, the petitioner preferred the present WPS No. 677 of 2021, which has now been dismissed by the impugned order dated 01.03.2021.

¶21

Shri Ishan Verma, learned counsel for the appellant would submit that in Writ Appeal No. 123/2021, dealing with the similar issue, this Court has dismissed the writ appeal reserving liberty to prefer a representation for seeking suitable place of posting in pursuance to the circular issued by the State Government dated 03.06.2015.

¶22

Learned counsel for the parties would submit that present writ appeal can be disposed of in terms of order passed by this Court in Writ Appeal No. 123/2021.

¶23

For facility of the reference, we reproduce operative part para-9 of the order dated 12.04.2021 in Writ Appeal No. 123/2021.

¶24

“9. For the foregoing reasons, we do not find any infirmity in the impugned order dismissing the writ petition. Appeal being devoid of any substance which is liable to be and is hereby dismissed accordingly. However, in view of the right reserved by the learned Single Judge in favour of the appellant for filing a fresh representation seeking suitable place of posting in pursuance of Circular dated 03.06.2015, we direct that if such a representation is filed by the appellant, the Respondent-Authorities will consider the same in accordance with law on its own merits within a period of four weeks from the date of receipt of representation.”

¶25

For the foregoing, this Writ Appeal is dismissed. However, liberty is reserved in favour of the appellant to file a fresh

¶26

¶27

representation seeking suitable place of posting in pursuance of Circular dated 03.06.2015.

¶28

We further direct that if such a representation is preferred by the appellant, the competent authority shall decide the same in accordance with law, on its own merits, within a period of four weeks from the date of receipt of the representation.

¶29

Sd/Sd/(Prashant Kumar Mishra) (Rajani Dubey) Acting Chief Justice Judge

¶30

H.L. Sahu

Mahesh Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mahesh Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Bharat Kumar Harilal Shah Vs C.G. State Minor Forest Produce (Trading and Development) Co-Operative Federation Ltd.

Vikas Singh Vs State of Chhattisgarh

Fariduddin @ Farid Khan Vs Union of India

Unnat Matasya Sahkari Samiti Maryadit Kamalpur Vs State of Chhattisgarh

State of Chhattisgarh Vs Sunil Kumar Pujari

State of Chhattisgarh Vs Jaiprakash Kanouje