C.^ (^ ^GLE BE^, ^s^^ BEFORE THE HON'BLE^HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER W.P(S)No. ^/3<S5 /2011 Smt. Sunita Chelak, W/o. Avon Singh Chelak, aged abouf 42 years, Female Health Worker (Auxiliary Nurse & Midwife), R/o. Pahara, Tahsil- Dhamdha, Dist.. Durg (C.G.) VERSUS RESPONDENTS ^^' ^^c^^^^ c^ '•s :1 The State of Chhattisgarh, Through: the Secretary, Department of Health, D.K.S. Bhawan, Raipur (C.G.) 2. ' Director, Health Services, D.K.S. Bhawan, Raipur (C.G.) 3. Chief Medical & Health Officer, Durg, District Durg (C.G.) 4. Block-Medical Officer, Dhamdha, District Durg (C.G.) 5. Medical Officer, Health Center Ahiwara, Block Dhamdha, D.ist. Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. 1. PARTICULARS OF THE PETiTIONER As mentioned above in the cause title. 2. PARTICULARS OF THE RESPONDENTS As mentioned above.in the cause title. 3. PARTICULARS OF THE CAUSE/ORDER AGAINST WHICH THE PETITION IS MADE 1 i\^ ^-J s^f,^ s?s—.i^s: --^ULJ&TT'SC'r'AS^U . QK i1..0£31 i?3 n L^^U^ i \^r" \^nl~i^\ i u^t\jAn,:~i . s:Lj-i^r^u;' WRiT PETITiON (S) No. 513S OF 2011 ^i^CHt RESPONDENTS t-t-iT '«-'i:-^i'—.-if'•^ J^^ .f^ •t/- OHi^, OU;IIS.!R ^/ii]s;isa-\ Vc'fsus Cta-a r.f r-i-i-a—ki ne Stats o* crinasisgarn & oa'ers /~-I1. fvVrit Petition under Articie 226 of the Constitution of indla) Singis Bench : Hon b!e Shri Satish K. Agnihotri, J. Preseni:- Shri A.K.Prasad, Advocate for the petitioner. Shri Arun Sao, Govemmeni Advocate for the State. QjSf^F^ i'ORA! ^ (Passed on this 05'" dav OT September, 2011) 1. Chaiienge in this petition is to thc order dated 15.07.2011 (Annexure P-1), whereby the petitioner workina as Femsle Heaith Worker at Sub Heaith C.enter Pahara. Dhaindha, has been transferred to Sub Heaith Center Katai. Nawagarh, on sdministratlvs grounds. Lsamed counsel aDoearina for the Detitioner submits that under the Sransfer poiicy dated 13.0S.2011, it !s cieariy stated that the Coliector a!one is competsnt to transfer ths emptoyees beionging to Class-l!! & !V services on proDosa! made by She otner departsTients in aisprovai OT I]s©HiiHiSTSi )H-CH»f'.4©. in the cass on hand, it appsars that the Chief Medlca! & Health Oficer, District Durg, without fo'iowing the gujdeiines issued in the traiisfer poiscv haa osssed ths order impuansd, when the Coilector he.s been assigned the responsjbility of transfer of the employees working in the concerned dlstrict, on proposa! of the concerned deoartments. Thus. this su'Ters from the defect of comoetence of the OT?ic^f. Accof0tr;giy. IT}Q li'snsT'cf is UIISUSTSIHSDIQ sn ?HfS ©yssOT isvy. As a rssult. the transfer ordsr dated 15.07.2011 (Annexure P-1) in rsspect of the petitioner la quashed. However, iiberty is raserved to ths governrrient to pass an approDriate order, if so advised, in ••.'^^-. s ^""c'^s'-'s'*'* accoraance witn iaw, in aQministrative exigency ana in puDiic Accordinoiy. the writ petltion is aiiowed to the above-ex'tent. No order s5TQ C0315. Sd/- SatishK.Agnihom Judge