Disposed

Durgesh Kumar Yadav v. State of Chhattisgarh

Chhattisgarh HC2 Dec 2022WPS/8522/2022

Case brief

AI extract

What is this about?

In a writ petition challenging the transfer of a Rural Medical Assistant, the High Court of Chhattisgarh directed the petitioner to submit a representation to the State's Transfer Policy Committee within 12 days and maintained status quo for five weeks pending its decision before disposing the petition.

What did the court decide?

Direction to submit representation to the Committee within 12 days; status quo maintained for 5 weeks.

Durgesh Kumar Yadav Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 8522 of 2022

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Durgesh Kumar Yadav S/o Shri Ramashankar Yadav Aged About 37 Years Rural Medical Assistant At Primary Health Centre Kamalpur, Block And District Surajpur, District : Surajpur, Chhattisgarh

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---- Petitioner

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Versus

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

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The Director Health Services Chhattisgarh, Mantralaya, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh

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The Chief Medical And Health Officer Surajpur, District : Surajpur, Chhattisgarh

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The Block Medical And Health Officer Block Surajpur, District : Surajpur, Chhattisgarh

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---- Respondents

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For Petitioner : Shri Anil Singh Rajput, Advocate For Respondents/State : Ms Sunita Jain, GA

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Hon'ble Shri Justice Parth Prateem Sahu

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Order on Board

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02.12.2022

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Challenge in this petition is to the impugned order dated 30.09.2022, whereby petitioner, who is working as Rural Medical Assistant at Primary Health Centre, Kamalpur, Block and district-Surajpur is transferred to Primary Health Centre, Badegudra, district-Dantewada on administrative grounds.

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Learned counsel for the petitioner would submit that wife of petitioner is suffering from severe medical ailments and having Cystic lesion in left ovary surface, she is advised for operation and carrying pregnancy of 7 weeks. Child of petitioner is studying Class-III in English Medium School and transfer of petitioner is in mid-academic session. Petitioner is transferred from one scheduled area to another scheduled area. Petitioner has not been relieved till date.

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Learned counsel for the State opposing submission of learned counsel for the petitioner, would submit that petitioner is a Government servant, she is transferred

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Wps 8522 of 2022

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on administrative ground, impugned order of transfer is issued by competent authority, hence, it does not call for any interference. However, if petitioner is aggrieved in any manner with his transfer, he can very well file representation before the Committee constituted by the State Government under Transfer Policy to consider grievance of employee against transfer. She also pointed out that impugned order is of 30.09.2022 and petitioner filed writ petition after lapse of sufficient time.

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Heard learned counsel for the parties.

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Taking into consideration submissions of counsel for petitioner particularly that petitioner’s wife is suffering from medical ailments and she is advised to get operated, asstated by counsel for petitioner, I find it appropriate to dispose of this writ petition directing petitioner to submit representation before the Committee constituted under Transfer Policy within a period of twelve days from today, raising all grounds as raised in this writ petition. If such representation is made, the Committee, in turn, shall consider and decide it expeditiously, within outer limit of three weeks from the date of receipt of such representation.

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For a period of five weeks , or till decision of representation, whichever is earlier, status quo as it exists today with respect to posting of petitioner shall be maintained.

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Accordingly, writ petition stands disposed of.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) JUDGE

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padma

Durgesh Kumar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Durgesh Kumar Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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