Mrs. Antima Pandey vs State Of Chhattisgarh
2022 Latest Caselaw 7288 Chatt

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                                                                         NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                             WPS No. 8512 of 2022
      Mrs. Antima Pandey W/o Shri Sarvagya Shukla Aged About 37 Years
       Presently Working As Rural Medical Assistant, Primary Health Center
       Devpuri, District Raipur (Chhattisgarh), R/o House No. 95, Ps City, Ring
       Road No.1 Changorabhata Raipur, District Raipur (Chhattisgarh)

                                                                  ---- Petitioner

                                     Versus

     1. State Of Chhattisgarh Through Its Secretary, Department Of Public
        Health And Family Welfare, Mahanadi Bhawan, Atal Nagar, Naya
        Raipur, District Raipur (Chhattisgarh)

     2. Director Directorate Of Health Services, Indrawati Bhawan, Atal Nagar,
        Naya Raipur, District Raipur (Chhattisgarh)

     3. Chief Health And Medical Officer Raipur, District Raipur (Chhattisgarh)

                                                              ---- Respondents

For Petitioner : Mr. Vinay Pandey, Advocate. For Respondents/State : Mr. Praveen K. Shrivastava, P. L.

Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

05/12/2022

1) Learned Counsel for the petitioner would submit that petitioner was posted at Primary Health Center Devpuri, District- Raipur (C.G.) and now he has been transferred to Primary Center Karelibadi, District- Dhamtari (C.G.).

2) He would further submit that the petitioner's father-in-law is suffering from critical illness. The petitioner will face difficulties at Primary Center Karelibadi, District- Dhamtari (C.G.) as there is no sufficient facilities for treatment of such illness.

3) It is well settled principle of law that the personal difficulties and personal disablement should be considered by the government while considering the transfer of its employee. Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Other Vs. Union of

India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022] has observed in para 53, which reproduced as below:-

"53 In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence, while we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such an exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected. The appeals shall be disposed of in the above terms"

4) In view of the above stated position and considering the facts and circumstances of the case that the petitioner's father-in-law suffering from various illness, I a giving liberty to the petitioner to make representation before the concerned authorities within two weeks from the date of receipt of copy of this order. In turn the respondents authorities are directed to consider the case of the petitioner as per law laid down by the Hon'ble Supreme Court in the matter SK Naushad Rahaman & Others (Supra) within six weeks from the date of filing of fresh representation.

5) With the aforesaid observations & directions, this petition is disposed of.

Sd/-

(Narendra Kumar Vyas) Judge amita