Disposed

Mrs. Sangeeta Dewangan v. State of Chhattisgarh

Chhattisgarh HC5 Dec 2022WPS/8466/2022

Case brief

AI extract

What is this about?

Petitioner sought modification of transfer posting due to elderly parents-in-law's poor health. Court noted Supreme Court jurisprudence on compassionate grounds and liberty to make representation with specific timelines for authorities to decide.

What did the court decide?

Petitioner granted liberty to make representation before concerned authorities within two weeks; authorities directed to dispose of same within six weeks.

Mrs. Sangeeta Dewangan Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2022)

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 8466 of 2022

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Mrs. Sangeeta Dewangan W/o Dr. Shashikant Dewangan Aged About 39 Years Presently Working As Rural Medical Assistant, Primary Health Center Bhatagaon, District- Raipur, Chhattisgarh. R/o Vatsalaya Hospital, Ushakiran Parisar, Mahadev Ghat Road, Sundernagar, P.S.Purani Basti, Raipur, District- Raipur, Chhattisgarh.

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---- Petitioner Versus

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State Of Chhattisgarh Through Its Secretary, Department Of Public Health And Family Welfare, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh.

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Director, Directorate Of Health Services Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh.

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Chief Health And Medical Officer, Raipur District- Raipur, Chhattisgarh.

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---- Respondents

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For Petitioner : Mr. Vinay Pandey, Advocate. For Respondents/State : Mr. Praveen K. Shrivastava, P. L.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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05/12/2022

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1 ) Learned Counsel for the petitioner would submit that petitioner was posted at Primary Health Center Bhatagaon, District- Raipur (C.G.) and now he has been transferred to Primary Center Mahasamund, District- Mahasamund (C.G.).

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2 ) He would further submit that the petitioner's father-in-law recently undergone by-pass surgery and is under continuous observation of doctors at Raipur and her mother-in-law is also an old age lady suffering from several illness. The petitioner will face difficulties at Primary Center Mahasamund, District- Mahasamund (C.G.) as there is no sufficient facilities for treatment of such illness.

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3 ) It is well settled principle of law that the personal difficulties and personal disablement should be considered by the government

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Page 2 of 2

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while considering the transfer of its employee. Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Other Vs. Union of India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022] has observed in para 53, which reproduced as below:-

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“53 In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence, while we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such an exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected. The appeals shall be disposed of in the above terms”

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4 ) In view of the above stated position and considering the facts and circumstances of the case that the petitioner's father-in-law and mother-in-law are suffering from various illness, I am giving liberty to the petitioner to make representation before the concerned authorities within two weeks from the date of receipt of copy of this order. In turn the respondents authorities are directed to consider the case of the petitioner as per law laid down by the Hon'ble Supreme Court in the matter SK Naushad Rahaman & Others (Supra) within six weeks from the date of filing of fresh representation.

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5 ) With the aforesaid observations & directions, this petition is disposed of.

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Sd/(Narendra Kumar Vyas ) Judge

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amita

Mrs. Sangeeta Dewangan v. State of Chhattisgarh

Case brief

What is this about?

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Mrs. Sangeeta Dewangan v. State of Chhattisgarh

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