v& ^•1, ' ';.. ""'<i I 's s tl-HC—78 ^ TST •<<i<ii<n'4, ®Til'H<i<o,fqdiyy <41H?tT th*liqi sn^Ttraqr (ljcifj«<<^si) sn^i 'SRT it;-ii'* 'n'tn SIT^I *•<!'* t^ltW^toan^l (Sinale Bench; (Petition Petitioner Respondents Present: Mr. Sunil Sahu, Adv. for t| AAr. M.P.S. Bhatia, &y. Soyf- Mr. K. Shakeel, Advocate CM<<I<r!^ll 'RR^ff ^f l^t <Fa1^K ^aiRmsn^T Hon'ble Mr. JustLce &hirendra Mishra) \V.P. (s) No.5449/2008 P/A226 of Constitution of India) I E)r. Manohar Lat, S/o Devi Prasad, aged about 52 years, Occupation-t>octor, Posted at Community Health Centre, Janakpur, Koriya, Tahsil and District Koriya(C©) Versus |1.' Union of Sidia, through the Secretary, Personnel, Public 6riev(ince cnd Pension Ministry, Personnel and Training Department, Lok Nayak Bhawan, Khon Market, New Delhi. 2. Stffte of Chhaft'isgarh, Through : Secretary, bepartment of 1-tealth and Fomily Welfare, &.K.S. Bhawan, Raipur Tahsil and bistrict Raipur (C.G.) 3. birector, &irectorate of Hailth Services, Chhattisgarh Rdpur (C6) 4. Chief Medical and Health Officer, Koriya, Tahsil <md District Koriya (C6) 5. State of Madhya Pradesh through Secretory, beportment of Health and Family Welfare, Valtabh Bhawan, Bhopal (M.P.) ic petitioner. Advocate for the State. or respondent No.l. ! ^ ""I r» XI-HC—7S an^i ^T Pi-fjqi TTSTT 37T^T »)+i|<^ 's^ '<iw\v\^, ^s^ww, hwvy, *1MCTI y,^|q, • • • •••••^200 sn^i 'q^? ('^3^1) ?^iIW ^lfel 311^1 ctise erstwh(le ^f —^r| 29.9.20)8 Heard. By this petition under petitioner has impugned the ii relieving the petitioner from allocated to the Stote of M.P. Peculiar facts of this Medical Officer in the ot the time of reorganizrtion allocoted to the Stote of AA.P. 1 1) and he was posted at Bhind order of ollocation, the petitio| the Chief Medical & Medth the Director, Health Servicesj dated 28.10.2007, the ordet petH-ioner was directed to joir| Of HeaH'h Services, (Annexure P-5) called for that benefits of Senior Thereafter, the petitioner Minister and the Chief Medicaj petiti<tier 6overnh<ent anituat Tilne- .^ ^>i<ii<n<ftTi 'RFl^lf ^f fsTst' ^n$i< ^aifimsnt^r ^rt-icle 226 of the Constitution of India, the 4action on the part of the respondents in not his services despite his services have been ^ide order dttted 23/24.10.02 (Annexure P-1). are that the petitioner, who is serving as Stote of M.P., opted for the Stote of M.P. the Stote and accordingly, his services were |vide order dated 23/24-10.2002 (Annexure P- the Stote of AA.P. In pursuance of the above was relieved from Koriya on 26.10.2002 by Cjfficer, bist-rict Koriya for appearance before Raipur. However, vide order of Annexure P-4 of Annexure P-2 was cancelled and the at Koriya. In the meanwhite, the Directorote of M.P. vide memo doted 15.9.2004 confidential report-s of the petitioner so 'ijne-scale eould be given to the petitioner. :iled representations before the concerned Officer, Baikunthpur vide AnnexureP-6 & P-7 »• f'^1 i.. '. *^l: XI-HG—78 s^ ^°T •<ll<.ll'?1<l, S'tII'M'Ko, fq<yll<-l^< an^W^lfTTW 'ssn ^H^T sti+iicft •^ Roshiai/- *<IHMI ttlHKtt W^ 200 311^1 'q^? (liclfj'si<tT) - TOiiwoftg sn^i .-^ respectively for relieving him |for the State of AA.P. however, till date he has not'been relieved. Learned counsel foc t ^e petitioner submits thot thispetition may be disposed of uiith tiberty to •t|he petitioner to make detailed representafion before respondent No.2 & 3 decide the same expeditiousl^ Mr. Bhatia, learned submits thal- if the petitionet by the concerned authority w In view of the above si petition is disposed of with raising all his grievances rai makes aich representation, t^ 3 expeditiously, preferabiy \^ receipt of the application, in Certified cbpy as per r^ Tiitfi'ili 'wreif <i ft^t <Rif^i< i?3iRn3]i^r <jnd in turn, respondent No.2 & 3 be directed to in accordance with law. )eputy Sovemment Advocote for the State |files representation, the same shall be deeided ijthin a period of four weeks. (bmissions of the respectiw parties, the instont liberty to the petitioner to make a detailed representation along with cdpy of this order before respondent No.2 & 3 ed in this petition and in case, the petitioner ie same shall be decided by respondent No.2 & ithin a period of four weeks from the dote of ccordance with iaw. iles. .^&fetoa ^s^ 'mi m