/ Q-r? qUE/y/ IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.r.tsy No. KRCE /2o11 (at) WW” PETITIONER /L . Smt. E.S.Y., W/o Tatitya Rao, aged about 44 years, R/o 65/19 Awadhpuri, Rishali, Kirshna Talkies Road, Bhilai, Tahsil and Distt.— Durg (C.G.) posted as Women Health Worker at Sub Health Centre, Maroda. VERSUS RESPONDENTS : 1. State of Chhattisgarh, / Through — The Secretary Health and Family Welfare, Department, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) Director Health Services, Chhattisgarh Raipur (C.G.) The Collector, Durg Distt. Durg (C. G.) Chief Medical and Health Officer, Durg, Distt. Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COX IRT OF CHHATTISGARH AT BILASPUR W'RIT PETITION UNDER AR'HCLE 226 OF THE CON STITUTION OF INDIA SB: Hon’hle Shri Satish K. Agnihotri, J. Present: Shri B.P.Singh, Advocate for the petitioner. Shri S.K.Misln‘a, Panel Lawyer for the State. 0 R D E R (Passed on 14“i day of September, 201 1) ChalXenge in this petition is to the order dated 15.07.2011 (Annemlre P/l) whereby the petitioner, workjng as WOmen Health Worker at Sub Health Centre, Maroda, (Nikum) has been transferred to Sub Health Centre, Kehka (Saja); District. Durg, on administrative grounde. Learned counsel appearing for the petitioner subnlits that under the transfer policy dated 13.06.2011, it is clearly stated that the Collector alone is competent. to transfer the employees belonging to class HI and class IV services. on proposal made by the departments in approval ofthe minister-in-charge. In the case on hand. it. appears that. the Chief Medical & Health Ohicer: Durg, without following the guidelines issued in the transfer policy, has passed the impugned order. when the Collector has been assigned the responsibility of transfer of the employee working in the concerned district, on proposal of the concerned departments. Thus, this suEers from the defect of competence of the officer. Accordingly, the transfer is unsustainable in the eyes of law. As a result, the transfer order dated 15.07.2011 (Annexare P/l) in respect of the petitioner, is quashed. However, liberty is reserved to the Government to pass appropriate order, if so advised, in accordance with law, in administrative exigency and in public interest. Accordingly, the writ petition is allowed to the above extent. Sd/- SATISH K. ANGN'IHORI Judge WRIT PETITION (S) No. 5405 of2011 PETITIONER : Smt. EQY @ SYRaQ VERSUS RESPONDENTS : State 0f Chhattisgarh & Others.