^ ^Sinflle Bencii W THE HIGH COURT OF CHHATTIS^ARH AT BILASPUR WRIT PETITION N0. ^~3>"7£ Qp 2004 PETITIONER R.S. Kashyap, son of Late Shri N.R. Kashyap, ' aged about 46 years, Ophthalmic Assistant, resident of Jagal Para, Ward No.7, Nagri, District Durg (C.G.) vs RESPONDENTS ^ ^ ^1 . State of Chhattisgarh, through ^^'(y^ the Secretary, Department of y sH^T; .v&^ ^3ey o^^' -^ ^•y ^^" H^~ CN\^ y^y ^ ^^ l^ Family Welfare 8s Health , Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2. The Director, Health Services, Directorate of Health Services ^ Old Nurses Hostel, Raipur. 3. The Chief Medical & Health Officer, District Dhamtari« 4. Shri Kanhaiyalal Saraf, Ophthalmic Assistant, Community Health Centre, Fitigehswar, Raipur. 5. Shri Premtiarayan Sahu, •'" Ophthalmic Assistant, Primary Health Centre,Chhidgarh, Dantewada. WRIT PETITION UNDER ARTICLE 226 & 227 OP THE CONSTITUTXON OF INDIA, ^f XI-HC—78 <3T?^r^ f<rli<=h Pf^TI 'STT^T^RbF /ttY «' 1. WKfl 'arHT1^ •75E['^TZn^R, ^frOT^, fsK'11'yy ^....^f........y.^...b...•^200 3TI^?r <TT5W (yif^^T) 'F^TW ^rft^ ^T^I cbl^id^l'1 TTFI^Tf'?? f^t <p3l<^l< ^F 37RiR 3T^T 08-12-2004 Miss Sharmila Siaghai, C(ounsel for the petitioner, Shri Sudhir Agrawal, PaG|el Lawyer for the State. Application for ux'gent he^ring is aUowed, Heard. Learaed counsel for the | petildoner submits that the matter relates to traiisfer of the petitij&ner, She fiirtlier subinits that fhe petitioner has been transferre^ froin Nagri, Distdct Dhamtari to Daatewada vide order dated 26 submite tliat the wife of the ^etitioner is workmg ia fhe Health Department as A.N,M, She aJ been transfeiTed against fh 10-2004 (Annexure-P/1). She also |so submits that fhe petitioner has |e poHcy firamed by fhe State Goveniiaent fhat both the hus|band aad wife should be posted at saaie place, She also submits) that fhe petitioner is a patient of Diabetic & Asthma, She also s|ubmits that as per the policy of fhe State Goveniment anv officer shaU be given prionly to Annexure-P/4 is the circular djated 11-1-1984 issued by fhe fhen State Goveraxnent of Madhva the present the petitioner may detailed representation befor^ respondents, which shall be thc merits of fhe case, in fhe o who has served in the tribal area ^e posted ia a non-tribal area. |>radesh. She also subixiite fhat for ^e givcn an opportunity of filing the tlie competeat authority of the lconsidercd 011 its own merits ia accordance wifh law. Haviag considered and i|yithout expressing any opiaion on |)ioion offhis Court, ead»ofjustice XI-HG—78 ^n^i "^T f<^ich ^T^T 'STT^T^^RN)' tli \ / 1 ^ rc ^w^ti^Hr^ ^^r -<<j^i<nq, ^nl^^Ko, [®l<y1ISH^< —......^{.......^.^,1..^..•^200 3TI^?I '(T^W (yif^^f) l?^nw Trf^ aTT^fi z- t3 wtU be served if a direction |s detaled reprcsentation laisia^ authority of the rcspondents ^k this arder, withia 15 days, an.{ the coinpetent authority of th^ on its o\vn merits m acconil prefeiably wifhm two montl^s rcpresentation. Learaed counsel for petitioner has not been relieve|d. be atlowed to contmue. It is directed that ifthel other person has not joined io. inay be aUowed to continue made clear that if the petition^r pei-son has atready joiaed in ^ not entitie the petitioner to With fhe aforesaid disposed of, Consequentity, M,W,PJ Certtfied copy as per till rej€}in rul^s chl^f<n<fll ^TR^f'? fe^t <p3l^l< ifr 3tf?W 3T7^T given to the petitioner to make a his gnevaaces before the competent ^long wifh a copy of the petltion and jl on such representation beiag filed^ respondents shatl decide the same ^nce witti law as early as possible fix>m the date of receipt of tfae |the petitioner subiaits that the 1, She prays that the petitioner may Ipetitioner has iiot been rclieved and place ofthe petitioner, the petitioner fhe representation is decided, It is has already been relleved or otlier ^lace ofthe petitioner, this orderwill at the earlier place ofposting. (^bservation, this petition stands N44727/2004 alsc^staads disposed of. Sd/- Fakhruddin Judge Y('^^,y Yi^^p \