IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (Sl N0. 72011 PETITIONER ^.^te^ ^ ^^:^:.'.'-:-" ^^^•^"^ ^••••"" ^ ^ RESPONDENTS ^: Smt. Sunita Chelak, W/o Shri Avon Singh Chelak, aged about 42 years, R/o Nandini Nagar, Tahsil Dhamdha, Distt.-Durg (C.G.) at present place of posting Sub Health Centre, Pahra (Dhamdha) as a Women Health Worker. VERSUS .: 1. State of Chhattisgarh, Through - The Secretary Health and Family Welfare, Department, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) 2. Director Health Services, Chhattisgarh Raipur (C.G.) 3. The Collector, Durg Distt. Durg (C.G.) Medical and Health Durg, Distt. Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA :^£^ PETiTiQNfcR RES&QNDE^MTS COURT OF CHHATTISGARH : BILASPUR WRIT PETITiON )S) No. 5333 OP2Q11 Smt. SunJta Cheiak Versus State of Chhattlsgarh & Others CVVrit Petition under Articie 226 oft.he Constitution of India) Singie Bench : Hon'b'le Shri Satish K. Agnihotrl, J. sshoK Present:- Shri B.P.Singh, Advocate for the petitioner. Shri Ajit Singh, Panel Lawyer for the State. (ORAL) (Passed on this 09 day of September, 2011) 1. ChaSienge in this petltion is to the order dated 15.07.2011 (Annexure P"1), whereby, tne petltioner working as VVoman Health Worker at Sub Heaith Centre, Pahra (Dhamdha), has transferred to Sub Heaith Ceotre, Katai (Nawagarh), on adminlstratjve grounds. 2. . Learned counsei appearing for the petitloner submits that under the .transfer policy dated 13.06.2011 (Annexure P-2), it is cieariy that the Coilector aione is competeotto transfer the employees belonging to Class-ili & IV services on proposal made by the other deparlments in approval ofthe minister in-charge. 3. !n the on hand, 11 appears that the Chief Medicai & Heaith Officer, Durg, without following the guidelines issued In the transfer policy had passed the order impugned, when the Coiiector has been asslgned the 'responsibility of transfer of the empioyees working in the concerned district, on proposai of the concemed departments. Tnus; this suffers from the defect of competence of theofficer, Accordingiy, the transfer is unsustainable in the eyes of !aw. 4, As a result, the transfer order 15.07.2011 (Annexure P"1) in respect of the petitioner is quashed. Hovvever, ilberly Is reserved to the lovernment to pass an appropfiate order, if so advised, In accordance with law, in administrative exigency and In pubiic interest. 5. Accordingly, the writ petitlon is aiiowed to the above-extent^ Sd/- _ . .: s>*fK-.^uhottl judge