HI6H COURTOF CHHATTISSARH AT BIUStMt Writ P.tition fSVNo. 2952 of 2009 PETTriONER Versus RESTONDENTS 1. 2. &r. Devendro Kunwr Bisen, S/o Shri K.N. Bisen, Aged about 47 years, Occupation - Iricharge B.M.O., Keshkal, Distt. Bastar. ft/o Hospital Campus, Village Keshkal, Tahsil, Distt. Bostar (C.6.) State of Chhatt-is9arh Through Secretnry, &epart-ment of Health and Family Welfare, Aftantralayd, D.K.S. Bhawwi; Raipur (C.6.) Collector, Jagdalpur, t)ist. Bdstar (C.&) WRTT PETTTEON UNOER ARTia.E 226/227 OF THE CONSTITOTIONC?FINCa:A Singla Bench: l-lon'bleMr.JustiiseSatish K.Agnthotrl. Present: Ms. Deepati Panciey.couhsiel fer -riie petitionef. Shri Arvind Dubey, Panel Lawyer for the State/respondents. ORDERrORAU (Passed on 24th &ay of June,2009) Heard. Learned appearing for the petitioner submits that the petitioner is working as Medical Offieer in Gommunity Health Centre, Keshkat Bastflr. Vide order dated 29-ll-2(X)7, the petitioner has been transferred from Cotnmunity Health Centre, Keshkal, Bastar to District Hospitat, Dhamtari. bespite the order of trcmsfer whfch is still in exjatence.the petitioner has not been relieved to joio his new place of posting. u. l-- 2. Leeimed counset appearing for respondents/Stat'e submits that the petitioner is posted in on area Which is a scheduled area, where no posting can be affected until a new officeris available for taking oveptbecharge. 3. Be thdtas it may; the resfwndaits shoutd consid«'this issuebefoFe passing the order 6f tronsfer. The authority concemed, must ensure thort the officer isavailable to take over the chorge from the concemed employiee. In the present case, thepe is no flaneridmen* in the impugned ordec. Still the petrt-ionep is rwl- beir^ pelieved frem his pre^^ place of posting,it is, thepefore,4irected the* thepetitrener m<y be relieved attheeaplie^ aftw md<tog COT (^^ fprtat<ing6wFthechcK^ofthe^NK»fromthepet^ as ewly as possible prefer^ly within d^piod o^^^ fromthedat-eofrecejptofthisordep. 4. With the above dipection, thepetttion djsposed of. Sd/- Sadsh K. Agnihotri Judge