_B§39%§.?§$_$§G§.§Q§%?.93_Q§E§?E¥§Q§E§.£@L3}L&3£UE WP- ‘L3 /2oo5(SB) (Service Matter) PETITIONER : ER. R.N. y‘andavi aged about 46 years We Late Shri J.S. Mandavi posted at Community Health Cantre, Passore, Po.- Passore, Distt — Raigarh (CG) ggk$6$ RESPONDENTS : State of Chhattisgarh, thmugh Secretary, Health and Family Welfare Department, Mantralaya, D.K.s. BhaWan Raipur. Dist. & Post - Raipur (CG) The Chiaf Medical and Health Officer, Raigarh, Distt and Post - Raigarh (CG) PETITION UEDER ARTICLE 226/227 of TliE CONSTITUTION .. FER ISWANCE OP A WRIT OF CERTIORIARI AND MaNDAMUS AND ANY OTHER WRITIE DRECTION£ORDER. 1, / J Xi—HC~78 § 1 3—53 am?q, gawr63 TEEN§ fxr; 3 "é? ag 2i§€j N WW tam“ (@fgqa‘) ‘ astifmh W ff fé‘za’? ufa'gn: 'és? aw 311??! Shri B.R.Ghosh,learned couns lfor the petitioner Shri Akhil Agrawal, learned P.L. for the State/respbndents. Heard. The petitioner has Filed the inst nt petition as he is aggrieved by the order of Annexure P/1 dated 26‘“ O ober 2004 whereby the petitioner who was working as a doctor in C mmunity Health Centre, Pusoure, Raigarh has been transferred to Co munity Health Centre, Farsabahar, Jashpur on some administrative grounii i Learned counsel for the petitio er submits that from the document 1 of Annexure P/7, it~ appears that th petitioner has already relieved on 11.11.2004 and he has been tran erred to a naxalite affected area, Jashpur against the poiicy of the St te Government which provides that those officers who have already se d in the rurai areas for more than three years shali not be subjected to tr nsfer again in the rural areas. However, no document to tis effect has been filed by the petitioner. Another ground raised b the petitioner is that he cannot be made to go on transfer unless ansfer advance is paid by the respondents. However,.it’is/pointed asked whether the petitioner has applied for such advance at any poin of time, the petitioner is not able to show that he has applied for transfer a vance. I Under these-circumstances, l ‘am of the opinion that the order of Annexure P/1 passed by the respo‘dents is purely on administrative Ls- ‘V i i dC——78 ya WW4, Em’, fw Way ‘ 0 covip- N3 Ms” wwamw “Em: (qgfg'ssga) W1 mfg 2:5 g w 1 QWQW ‘V'K‘q KW$ MrgmmMu Wgwmwwm‘mmwwm J. ”mg‘. gang .. ggrounds’ and partlcularly m the light of the fct that the petitioner has galready completed more than three years of tenure m his present place of gposting, he can not make any grievaqce against his transfer which is an jincidence of service and the employer is at liberty to post the officers 'a‘ orking under him as per administrative requirements. As a result, the petition has no meri$ and it is liable to be dismissed and it is accordingly dismissr d. ’: l 3w- Dhirendra Mishra Judge 1 w «,3 3»,? é f\