James Beck vs State Of Chhattisgarh
2022 Latest Caselaw 7330 Chatt

                                                                        NAFR
         HIGH COURT OF CHHATTISGARH, BILASPUR

                           WPS No. 8540 of 2022

       James Beck S/o John Beck Aged About 53 Years R/o Khutanpara,
       Baikunthpur, District - Koriya Chhattisgarh. C/o Shubham Agrawal,
       Ketka Road, Surajpur, District Surajpur (C.G.)

                                                                ---- Petitioner

                                     Versus

   1. State Of Chhattisgarh Through Secretary, Department Of Health And
      Family Welfare, Mahanadi Bhawan, Mantralaya, Nava Raipur, District
      Raipur Chhattisgarh.

   2. Director, Health And Family Welfare Indrawati Bhawan, Nava Raipur
      District Raipur Chhattisgarh.

   3. Collector, Surajpur, District Surajpur Chhattisgarh.

   4. Chief Medical And Health Officer, Surajpur, District - Surajpur
      Chhattisgarh.

   5. Sakiran Das Pharmacist Grade -II, CMO Office, District Surajpur
      Chhattisgarh.

                                                             --- Respondents

For Petitioner : Shri Rajnish Singh Baghel, Advocate. For State/respondents. : Shri B.L. Sahu, P.L.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board (06/12/2022)

1. Learned counsel for the petitioner would submit that the petitioner has personal grievances regarding his transfer and further submit that he may be given a liberty to move a representation before the competent authority raising his grievances.

2. Learned counsel for the petitioner would submit that he may be given liberty to make a representation raising all his personal grievances and in turn the respondent No.4 shall consider in accordance with law within 08 weeks from date of copy of the receipt of the order.

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:-13 pt

"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, petitioner is directed to make a representation raising all his grievances before respondent authorities within eight weeks from today and on such representation being filed, the respondents authorities shall consider and decide the same within eight weeks from the date of receipt of the representation, as per law laid down by the Hon'ble Supreme Court in the matter SK Naushad Rahaman & Others (Supra).

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

Sd/-

(Narendra Kumar Vyas)

Judge