I®' c^" '^ HON'BLED. B. IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL No. I G<5 / 2010 WRIT APPEAL UNDER SECTION 2 OF THE CHHATTISGARH HIGH COURT fAPPEAL TO DIVISION BENCH1 ACT_2&06 APPELLANT: PETITIONERl RESPONDENTS y."r^ ...-^ ^/y^^ iP'A'^N0-5'' (> .•^^•'oV"' '/^?^ ^••L^C^" f>^'.^e'^.-' A' Mahendra Kumar Pandey, S/o Lt Shri B.G. Pandey, Aged about 45 years, Post- Lab Technician, R/o Sai Colony Jagdalpur, District Bastar, C.G. VERSUS l'. State of Chhattisgarh, Through the Secretary, Department of Health, Family Welfare & Medical Education, Ministry, D.K.S, Building, Raipur, C.G. 2. The Director, Directorate of Health Services, Raipur, District Raipur, C.G. 3. The Director, Directorate of Medical Education, Raipur, District Raipur, C.G. 4; The Dean, Medical College, Jagdalpur, District Bastar, C.G. /"' 5. The Chief Medical & Health Officer, Jagdalpur, District Bastar, C.G. 6. The Civil Surgeon & Chief Hospital Superintendent, Maharani Hospital, Jagdalpur, District Bastar, C.G. ARISING OUT OF ORDER DATED 01-04-2010 PASSED BY HON'BLE SINGLE BENCH. IN WRIT PETITION ( S )No. 1387 OF 2010. MAH ENDRA KUMAR PANDEY VERSUS STATE OF CHHATTISGARH & OTHERS. •^/ T »~':;*r'"^n t. •• n~^~n;'- ^€^WW^. i-.i 1:fe s- • Being aggrieved by the order dated 01/04/2010 pas:;ed by the Hon'ble Single Bench of this Hon'ble Court in Writ Petition (S) No. 1387 of 2010 Mahendra Kumar Pandey Vs. State of Chhattisgarh and others, in which fhe writ petition preferred by the appellant/petitioner HLGH COURT OF CHHATriSGARH : BILASPUR W.A. No. 86 of 2010 Appellant Smt. Shanti Usandi Versus Respondents State of Chhattisgarh & others W.A.No. 100 of 2010 Appellant Mahendra Kumar Pandey Versus Respondents State of Chhattisgarh & others W.A.No. 115of2010 Appellant Smt. Sudesha Soni Versus Respondents State of Chhattisgarh 8s others WRIT APPEAL UNDER SECTION 2(1) OF THE CHHATTISGARH HIGH COURT (APPEALTO DIVISION BENCH) ACT, 2007 DB: Hon'ble Mr. I. M. Quddusi, 8s Hon'ble 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. QJR D E^RloraU ( Passed on this 7th day ofJuly, 2010 ) Per I. M. Ouddusi, J. 1. Heard learned counsel appearing for the parties. 2. 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 leamed counsel for the State and we proceed with the hearing. / /' l!|i!^! -'!?!';'-iT|t-;--|"]E- -isn-aiS.i.yESsSiSass^.- /• 5. The?e Writ Appeals ( W.A.Nos. 86, 100 and 115 of 2010 ) have been filed by the appellants challenging the order dated 1st April, 2010, passed in W.P.(S) Nos. 1384 and 1387 of 2010 and the order dated 19U1 April, 2010, passed in W.P.(S) No. 1733 of 201Q, by the learned Single Judge. These writ appeals have been filed against the iinpugned order passed by the leamed Single Judge, disinissing 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 challenge, whereby the appellant Srat. Shanti Usandi was ta-ansferred from Maharani Hospital, Jagdalpur to the office of Chief Medical Officer, Bijapur, the appellant Mahendra Kumar Pandey was transferred from Maharani Hospital, Jagdalpur to Primary Health Centre, Irejpal, Jagdalpur and the appellant Smt. Sudesha Soni was transferred from Maharani Hospital, Jagdalpur to Deogaon, Block - Parasgaon, Jagdalpur. It may be noticed that Maharani Hospital, Jagdalpur is under the medical college, Jagdalpur and is not under the Chief Medical Officer, Bijapur, Primary Health Centre, Irejpal and Block - Parasgaon. The medical coUegescome under the Medical Education Department, whereas the offices of the Chief Medical Officer etc. are part of the Health and Family Welfare Department. Transferring a person from one department to other department is not permissible without taking an option from the concerned employee. In the present case the appellant is having a lien in the Department of Medical Education in the Maharani Hospital, J'S^——-J^ , • '• ^li^^^ -^sf;ii^^^^^@^^^! ^'-.'sss; 8. In this regard Fundamental Rule 14 (b) which is applicable in the services of the writ appellant is liable to be perused and the sarne is reproduced as under : "F.R.14(b) A local Government may, at its option, suspend the lien of a Govemment servant on a pennanent post which he holds substantively, if, he is deputed out of India or transferred . to foreign service, or in circumstances not covered by clause (aj of this rule, is transfen-ed, (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 ofnot less than three years." *^ A bare perusal of the above qupted Fundamental Rule 14 (b) would show fhat a lien of a Governm.ent servant can be suspended by the Goveminent if he gives his option. In the instant case, no option was taken from fhe 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 tiine the option was invited from the employees of the Medical Education Department of Maharani Hospital, Jagdalpur in the medical college for transferring them to anofher department. Therefore, we are of the opinion that fhe 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 1st April, 2010, passed in W.P.(S) Nos. 1384 and 1387 of 2010 and the order dated 19"' April, 2010, passed in W.P.(S) No. 1733 of 2010, by the leamed Single Judge are set aside. No order as to costs. However, this order will not debar the State Govemment to transfer a person, including the writ appellants, in accordance with law. Thakur Sd/- I.M. Quddusi Judge Sd/- N.K. Agrawal Judge Ui !;(.,„