N THE HON’BLE HIGH COURT OF CHHAT’I‘ISGARH AT BILASPURJQHHATTISGARH) Loio ”é WRIT APPEAL No. 6 APPELLANT: / Smt.Shant.i Usandi, wife of Pradeep PETITIONER: Usandi, aged about 2'7 years, wortdng as Ward Aaya, at Govt. Medical College, Maharani Hospital, Jagdalpur, District Bastar, Chhattisgarh. Respondents 1. State of Chhattisgarh, through Secretary, Health and Family Welfare Department, Dau Kalyan Singh Bhawan, Raipur, Chhattisgarh. 2. Director Medical Education, Raipur, Chhattisgarh. . Director, Health Services, 'Sanchnalaya, Ralpur, Chhatu'sgarh. 4. Joint Directog‘cum Superintendent, Govt. Medical College, Maharani Hospital, Jagdalpur, Chhattisgarh. 5. Chief Medical and Health Officer, Jagdalpur, District Bastar, Chhattisgarh. WRIT APPEAL UNDER SECTION 2m OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT. 2006. ARISING dUT OF ORDER DATED 1.04.20 10 PASSED BY HON’BLE SINGLE BENCH, IN W.P.1Si NO. 138412010, n SMT.SHANTI USANDI VERSUS STATE OF CHHATTISGARH AND OTHERS. “L/V i / / HIGH COURT OF CHHATTISGARH : BILASPUR WA A. No. 86 of 2010 Smt. Shanti Usandi Versus Respondents State of Chhattisgarh 85 others Appellant W. A. No. 100 of 2010 Appellant Mahendra Kumar Pandey Versus State of Chhattisgarh 8t others Respondents W. A. No. 115 of 2010 Smt. Sudesha Soni Appellant Versus Respondents State of Chhattisgarh 85 others WRIT APPEAL UNDER SECTION 211) OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT. 2007 DB: Hon’ble Mr. I. M. Quddusi, 8t _Hon’b1e Mr. N. K. Agarwal, JJ. Shri C. Jayant K. Rao and Shri Alok Dewangan, Advocates for the appellants. Shri Yashwant Singh Thakur, Deputy Advocate General with Shri Ajit Singh, Panel Lawyer for the respondents/ State. O R D E R (oral) ( Passed on this 7th day of July, 2010 ) Per I. M. Quddusi, ~Jl um“ Heard learned counsel appearing for the parties. Today, learned counsel appearing for the respondents/State prays for further time to file return. It may be noticed that on 21.4.2010 this'Court in W.A.86/2010 had granted time to file return by the next date. Thereafter, the case was listed on 23.4.2010. If they choose to file so by the next date, the next date was fixed 7.5.2010. On that date too, no 'return was filed. Thereafter, the case was listed on 15.6.2010 on that date also no counter affidavit was filed. \ Today, we are unable to give further time to learned counsel for the State and we proceed with the hearing. \\\\/\\ - ‘\ \\ J \\\ The$e Writ Appeals ( W.A.Nos. 86, 100 and 115 of 2010 ) have been filed by the appellants challenging the order dated 1'St April, 2010, passed in W.P.(S) Nos. 1384 and 1387 of 2010 and the order dated 19th April, 2010, passed in W.P.(S) No. 1733 of 2010, by the learned Single Judge. These writ appeals have been filed against the impugned order assed by the learned Single Judge, dismissing all the three writ petitions, wherein the legality and validity of the transfer order date‘d 18.3.2010 (Annexure P/l to the writ petitions) was under chalenge, whereby the appellant Smt. Shanti Usandi was trnsferre from Maharai Hital, Jagdalpur to e office f Cef ad n Osp th o hi Medical Officer, Bijap, the appellant Maenr Kumar Pandey 'was transferre om Maharani Hoital, Jdalpur t Primy ealth Cente, Irepl, Jagdalur and the ppellant Smt. udesha on d om Mh pil, Jdar“ o Dgaon, ock - Parasga, Jdalpr. eo Bl on agu It may be nticed that Mahari Hospital, Jagdalpur is de the -meica1 college, Jagpur and is not uder e Chie Medica , ju Hth reja and Blok - Officer Biapr, Primary eal Centre, Ipl c Parasgaon. The medal colleges coe under he Meal Educatio Deptment, where t fices of the Chief Mdical fficer etc. e part f the Healt d mily lfare Deparent Trnsferring a p m t t dp n permiible ithout taking an optin frOm the conceed mploye. the prese case the apellant is havin a lien in the eent of Medical dation in te Mharani spitl, Jagdapur, u‘nder th medical college, Jagdalpur. l e d fr sp ag o ar H r ja p a S Si was transferre fr aarani Hosta aglpu t ic m t dic n ar as he of e O ar o h an Fa We tm. a erson fro one deparment o other eartment is ot ss w o rn ee In nt p g Dpartm Euc h a Hoa p l ur hda o an unr d dal n th f l oak 6. In this regard Fundamental Rule 14 (b) which is applicable n the services of the writ appellant is liable to be perused and the same is reproduced as under : “F.R.14(b) A local Government may, at its option, suspend the lien of a Government servant on a permanent post which he holds substantively, if, he is deputed out of India or transferred to foreign service, or in circumstances not covered by clause (a) of this rule, is transferred, (in an officiating capacity)to a post in another cadre, and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years.” 7. A bare perusal of the above quoted Fundamental Rule 14 (b) woul show that a lien of a Government servant can be suspended by th Government if he gives his option. In the instant case, no option was taken from the writ appellants to leave their department and go to another department, as nothing has been shown on behalf of the State that at any point of time the option ‘was invited from the employees of the Medical Education Department of Maharani Hospital, Jagdalpur in the medical college for transferring them to another department. Therefore, we are of the opinion that the impugned order of transfer from one department to another department, without any cogent reason or taking option, is illegal. In view of the above the impugned order of transfer dated 18.3.2010 is quashed and the impugned order dated lst April, 2010, passed in W.P.(S) Nos. 1384' and 1387 of 2010 and the order dated 19th April, 2010, passed in W.P.(S) No. 1733 of 2010, by the learned Single Judge are se’t aside. NO order as to costs. However, this order will not debar the State Government to transfer a person, including thevwrit appellants, in accordance with law. I // Sdl- N,K_ Agrawal Judge Sd/- I.M.Quddusi Judge Thakur". y i d e