MLE BEN€H ayot' \00 / ® ??©S§ dawnww $. . IN THE HIGH COURT OF JUDICA‘I‘URE AT BILASPUR CHHATTISGARH WRIT PETITIQN. Nga’a 70F 2005 BN ETWEE /Smt. Vandana Shrivastava W/o Shri Gajendra Shrivastava', i aged about 38 years, occupation service, working on the post of A.N.M. ,posted at Sub Health Centre Ruwatala, Block and § Tahsil Dongargarh District Rajnandgaon (CG). PETITIONER /1. The State of Chhattisgarh, Through the Secretary Depaxtrnent of Health and Family Welfare’MantraJay, Chhattisgarh, D.K.S. Building, Raipur (C.G.) /2. The Director, Health‘Services, Chhattisgarh , Raipur, Tahsil and District Rajpur (CG). /'3. The Chief Medical and Health Officer, District Hospital Rajnandgaon District Rajnandgaen (CG). 4 The Block Medlcal Offlcer, Block and Tahsd Dongargarh RTS ESPONDEN 2 PARTICULARS OF THE RESPONDEN As stated in the cause title above. §i W . . TS Xl-HC-78 w-PNOAHB? mwqi$ ..n.-n".-nun-"unnununp $12005 mfg-{we snéa WWW'#%@W $ 31% met W21W (ww) 28.9.2005 Shri Jitendra Gupta, 1E arned counsel for the petitionsr. I Shli Pankaj Shrivastava, Panel Lawyér for the state. I.A.No.8061/2005 This is an application for urgent hean'ng. The matter is taken up on Board. Heard. The petitioner, who is a lady aged about 38 years andpis presently working aS A.N Ruwatala, Block and Tahsilll has challenged her transfer order dated 31.8.2005 (Annexure P-Z) by which she has been tra Swasth Kendra, Lalutola, Blc Learned counsel for petitioner is a lady and the new place of transfer is at a distance of 50 Kms. from her present y that the impugned order of academic session and the applicable in case of the pe‘i This application stands disposed of. M, posted at Shh-health Center, Dongargarh, Distt. Rajn‘andgaon (CG) nsferred from the'said place to Up— ‘ck Chhuria, Distt. Rajnandgaon. the petitioner submits that the lace of posting. He further submits transfer has been passed in the mid same is against the transfer policy itioner. He also submits that it has 1mm,m, mm? m $m$ WPHL'CI?: “200$? mm.m m XlvHC-78 a matter for th‘ administre ive authority to deide. 'Unlgss the § ordér of transferas vitiated ty mala fide 0r is magie in Violation of oparative any guidelines or xules the Court$ shouid not ordmanly interfere with it 1% In Union or India & others Vs- Janardan l s é § Debanath & another (2004) 4 SCC 245 1t wa Supreme Court age follows: served by the mW G e w,Mm(,w 1 “N0 Gave h 1 l n n s n ment servant or employee of a public undertaking any Iegal ngh: to be posted forever at any one part ar ylace or place of his chovce Since tramfer of a pa cular employee appomted to the class or category of ransferable posts from one place to anatleer :s not ly an madent but‘ a conditzon of service) neoess 1y too m public mtere$t and eo‘iaency m the pubhc umstratlon Unless an order of transf’er is to be an outcome of malaflde exercise or stated to be m molatuln of etatutory proviozions prohl bltmg any such transfer the Courts or the Tribunals normally oannot Interfere with such orders as a mailer of routine, as thouggll they were the appellate authorities substitutmg thezr own deczszonfm that of the employee/management ab against such ’orderl passed m the Interest of admzmstratlve extgehcles of the sermce concerned T ts posmon was htghlzghted by this Court m Naaonal Hydroelectri Power Corpn. Ltd. —Vs Shn Bhaqwan (.2001L8 SCC 574. ’ , L é i Learned caltnsel for The petitioner could notg point out any l l a‘ 7 \ V //”/A< / i l specific grounds oi the basiP of which it can be assumed that the ? ,_ “V“,wemwrrew. 4 u é t é mmw W?ULM7L— 912005 mam (W) mmm mat m’m§wm , « $Wm21 math-rm awanéam transfer of petitioner has b is vitiated for the said reas So far as the points ised by the petitioner regarding her a personal di$culties are c med, in the opinion of this Court it - o e is for the employer to lo into the personal dimculties of the o employee. The employer is ays obliged to look into the personal grievances of his employee th a View to keep him/her in such a i render an excellent service to the employer. Keeping this iple in mind though I am not p” c interfering with therorder o transfer but I am directing that the petitioner may tile a represe tation before the competent authority. is filed the competent authority shall o dispose of the same in acco ance with law. The petitioner, if advised, may Ee a detailed o representation raising all r grievances before the competent authority within a period representation is filed, the c mpetent authority shall be obliged to dispose of the same as early as possible preferably within a month from the date of filing of the resaid representation before him./ ’ / en aifected by mala-fi'de and the same o , condition that he/ she ma and if such a representati 3 weeks fmm today and if such a 3R’3Sf2005 - 29.000 w e o