Citation : 2021 Latest Caselaw 2594 Chatt
Judgement Date : 28 September, 2021
1
WA No. 301 of 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 301 of 2021
[Arising out of order dated 03.09.2021 passed by the learned Single
Judge in WPS No.4651 of 2021]
Maheshwar Singh S/o Late Chhatrapal Singh Aged About 56
Years Presently Posted As Medical Officer At Community
Health Centre Bhatgaon District Surajpur Chhattisgarh R/o B
- 14, Urja Nagar, Jarthi Colony, Nagar Panchayat Jarhi
District Surajpur Chhattisgarh.
---- Appellant
Versus
1. State Of Chhattisgarh Through The Secretary, Health And
Family Welfare Department, Mantralaya, Mahanadi Bhawan,
Naya Raipur, District Raipur Chhattisgarh.
2. Director Directorate Of Health Services Byron Bazar, Raipur
Chhattisgarh.
3. Divisional Joint Director Directorate Of Health Services
Sarguja Division, Ambikapur Chhattisgarh.
4. Chief Medical And Health Officer District Surajpur
Chhattisgarh.
5. Anuj Kumar Rajwade Janpad Member, Area No. 14, Janpad
Panchayat Bhaiyathan District Surajpur Chhattisgarh.
---- Respondents
For Appellant :- Mr. Ishan Verma, Advocate For Respondent-State :- Mr. Arjit Tiwari, PL
Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Smt. Rajani Dubey, J
WA No. 301 of 2021
Judgment On Board
By
Prashant Kumar Mishra, Ag.CJ
28/09/2021
1. Heard.
2. Feeling aggrieved by the order passed by the Divisional
Joint Director, Sarguja Division on 14.7.2021 directing the
appellant (henceforth 'the petitioner') to work at District
Hospital, Surajpur instead of Community Health Center
Bhatgao, the petitioner has preferred the writ petition
wherein the impugned order has been passed.
3. Learned Single Judge has refused to interfere in the matter,
however, petitioner has been allowed liberty to approach the
authorities in the department by making suitable
representation ventilating his grievances, which if made,
shall be looked into by the authorities concerned.
4. Learned counsel for the petitioner submits that if the
petitioner is relieved during pendency of the representation
he may suffer irreparable loss and the entire writ petition will
become infructuous.
5. Considering the submission made by learned counsel for the
petitioner, the writ appeal is disposed of with a direction that
in the event, if the petitioner makes representation before
WA No. 301 of 2021
the Director, Directorate Health Services, Byron Bazar,
Raipur C.G. within a period of four weeks from today, the
said authority shall consider and decide the representation
in an objective manner, in accordance with law, by a
reasoned order, within a further period of 08 weeks,
however, till the representation is decided, status-quo, as it
exists today, in respect of petitioner's posting shall be
maintained.
Sd/- Sd/-
(Prashant Kumar Mishra) (Rajani Dubey)
Acting Chief Justice Judge
Ayushi
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