[^^ ^s^ ^^" L**' 1 . „/ c ) V t^ >y ri:fflgle £ *'•<»••' ,,v*V dd' .rS- .^ BEFORE THE fflGH COURT OF CHHATTISGARH AT BILASPUR ^So^ WP- /2004(SB) Service matter— transfer PETITIONER RESPONDENTS Dr. A.K. Singh aged about 46 years s/o late Shri T.C. Singh ft/o Aq'und, Distt- Durg (CG). VERSUS 1. State of Chhattisgarh through Secretary, Health and Family Welfare Department, Mantraly, DKS Bhawan Raipur (CG). 2. Director, Health Services, Raipur PO. & Distt- Raipur, (CG) 3. ChiefMedical and Health Officer, Durg, PO. & Distt- Durg (CG) Petition under Article 226/227 of the constitution of India for issuance of a writ of certiorari and mandamus and anv other writ/direction/order. XI-HC-22 sn^r^ir f^fNisn^T st>Klsti<ilsn A' 3^ 'ill-Mldi), ®Tfltf'IS,Rldiy^i 371^1 crac^ t|T*il?TTai*1|tt)—'^.(..'^s.'?; ?R; 2»0 ail^l^kllWdf5(T 7.4.2005 Smt. Meera Jaiswal.couni Shri AKhil Agrawal, Panel Heard. The petitioner, who is Family Welfare Department, Sti propriety of the order dated 26.1| has been transferred from Comiti to Community Health Centre, The case of the petitionei Surgeon in the scheduled tribe from 28.9.1984 to 11.8.1997 he was transferred from already worked in the Naxalite case of the petitioner is that order, transfer orders of 06 petitioner and t-vio other persons] extended to other six persons. ]]i already served more than 13 not to have been transferred af Reply has been filed on b^ been stated that the impu; administrative ground. Leamed counsel for thel policy of the Govemment sinc^ naxalite area for a period of thre|e from tliat area and some other (|i be transferred in that area. Coihnsel Kchta arld Dantelwada dut perspns tll'qll-l'n-l t|11trifff)Wt'<Rl«l< ^sri^irsn^r ^el for the petitioner. ,awyer for the State. wc)rking as Assistant Surgeon in the Health 8s ^te of C.G., has questioned the legality and p.2004 (Annexure P-1) whereby the petitioner (nunity Health Centre, Arjunda, District Durg District Dantewada. is that he had already worked as Assistant ^rea of East Bastar District (Now Dantewada) thereafter, on the petitioners own request to Arjunda. Thus, the petitioner has ^rea for about more than 13 years. Further of 9 persons, transfen-ed vide impugned have already been cancelled and only the have been left out from the benefit which was |n the circumstances, when the petitioner has in the Naxalite area, the petitioner ought ;aln in that area. ^half of the State / respondent in which it has tned transfer order has been made on ye^rs ;aln petitioner submits that this is the general long that if any person has served in the years or more then he should be transferred irson who has not served in the naxalite area submits that the petitioner has already -Afl^fato-^___ XI-HC-22 sn^r^r f?iN;3(i^r sb*i ylen Nesiiisiftl-ESgP iV s^ '<inici<(, aiflti'is, ferray ^T'.iira^ WHPII ainra? V^ 200 311^1 ^k11WHf?(T .Zj 4D petitii|>ner fadt served 13 years i.e. almost 4| before transfemng the to have considered this subniits that the place i.e. A^ is still lying vacant. In the submits that the petitionej respondent No.2 pointing OL| No.2 be directed to coi) sympathetically and decide Laivyer for the respondents h| Having heard leaiTied facts and circumstances of| representation within a raising all his grievances aloij is directed to decide the red law within another one monl after considering that the years in the naxalite area. If the petitioner is nof representation is decided. With the direction afoili Consequently, M.(W.)| disposed of. Certified copy as per rj perjod °tii<it<-i<)1-< *ii*i<i) fftei3'<f°i'wii ^stf^rsn^T )% of the total service of an employee, therefore, l fo the naxallite area the respondents ought| on humanitarian ground also. She further 1 (junda from Trhere the petitioner was transferred cjiroumstances, learned counsel for the petitioner may be allowed make a representation to [t the above difficulties and in turn respondent isider the representation of the petitioner Jhe same at the earliest, to which leamed Panel h^.S no objection. ;ounsel for the parties and having regard to the the case, the petitioner is allowed to make a of ten days from today to respondent No.2 with copy of tliis petition dnd respondent No.2 er|resentation of the petitioner in accordance with ff.h from the date of receipt of the representation ! p4titioner has already served about more than 13 relieved then he should not be relieved till the isaid, the petition stands disposed of. )P. N0..4847/04 SB I.A. No.900/05 also stand les. S61-r L.C. Bhadoo Judge (^^f^) y,";