S/NGLE BEWH ^ ^ IN THE HON'BLE HIGH COURT QFCHHATTISGARH AT BILASPUR WRIT PETITIQN (SlJTo.m^- /2011 PETITIONER l^ .^^ €^(^ '^•',Jt<Y-*" ^9 ^...-•'^' ....•\ ^^••^ "^- ^ Smt. Mongra Yadav w/o Shri Pramlal Yadav, aged about 40 years, None Medical Assistant (A.N.M.) presently working at Sub Health Center Parsadakhurd, Block-Sakti, District Janjgir-Champa (C.G.) VERSUS RESPONDENTS: ^" 1. State of Chhattisgarh Through Secretary, Department of Health & family welfare, Mantralaya, D.K.S. Bhawan, Raipur, (C.G.) 2. The Collector District Janjgir-Champa (C.G.) 3. Chief Medical & Health Officer, District Janjgir- Champa (C.G.) 4. Block Medical Officer Block-Sakti, District Janjgir-Champa (C.G.) 5. Ku. Purnima Bareth None Medical Assistant (A.N.M.) presently working at Sub Health Center Gatwa, Block-Balouda, District Janjgir-Champa (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^^^ ')' mGH COURT OF CHIL^TTISGARH AT BELASPUR PEimDNER RESPONDENTS WRIT PETmON (S) No. 4888 of20U Smt. Moiigra Yadav. VERSUS State ofChhattisgarh &0thers. WRIT PETITION L7NDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Agnihotri. J. Present: SIm Rajesh Kumar Shanna, Advocate for the petitioner. Shri Shashank nia3mr, Panel Lawyer for the State/respondente. ORDER {ORAL) (Passed on 25U1 day of Augiist, 2011) 1. Chalknge in this petition is to the order dated 15.07.2011 (Aimexure P/l), whereby, tlie petitioner, workixig as A.N.M. at Sub Ifcalfh Centre, Parsadakhurd, Sakti, lias been transferred to Sub Health Centre, Gatwa, Baloda, on adnimistrative grounds. 2. SIui Shanna, leamed counsel appearmg for the petitioner submits that there is no vacant post of A.N.M. available at the transferred place i.e. Sub Healfli Gentre, Gatwa, Baloda which is evident from the proposal sent hy the respondent No. 3 on Q2.08.201I (Annexure P/3). He further stibmits that the in a sunilar facts and situiatipn, transfer of 16 employees out of60 employges^o hawbeeh,t3^sfbn^d by Ifaeimpugned trmsfer order, has been cancelled on accourit pfte fact fhat there was no post vacant at the transferred place. Howevsr, despite representations made by the petitioner to fhe.Collector on 01.08.2011 (Annexure P/5), no action has been taken on the said representation. Thus, the impugned transfer order deser^es to be quashed. 3. Shri Thakur, leamed Panel La^yer appearing for the State/ respoiidents submits that there appears to be some eiTor in the impugned transfer order dated 15.07.2011 (Amiexure P/l), thus, the same shall not be given effect to m respect of the petitioner till appropriate order is passed in admmistrative exigency and public mterest, posting the petitioner at a place where clear vacant post is available. 4. Iti view ofthe above, Slm Sharma, leamed counsel appearing for the petitioner submits that nothitig sunrives for adjudication. 5. Accordmgty, the writ petition is disposed of with the aforestated observation. Sd/- Satish K. Agnihotri Judge Ajnit