Goukaran Singh Thakur vs State Of Chhattisgarh
2022 Latest Caselaw 6578 Chatt

                                    1


                                                                      NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                      Writ Appeal No. 605 of 2022

Goukaran Singh Thakur S/o Late Radhe Singh Thakur Aged About 61
Years, Occupation - Sanganak, Assistant Grade 2, Posted At Office Of
Chief Medical And Health Officer Bilaspur, (Now District Hospital
Bilaspur) R/o Nehru Nagar Bilaspur, District : Bilaspur, Chhattisgarh

                                                               ---- Appellant

                                 Versus

1.   State of Chhattisgarh Through The Secretary, Department of Health
     And Family Welfare, Mantralaya, Mahanadi Bhawan, New Raipur,
     District : Raipur, Chhattisgarh

2.   The Collector Bilaspur, District Bilaspur, Chhattisgarh

3.   Chief Medical and Health Officer C.M.H.O Office, Nutan Chowk
     Bilaspur, District : Bilaspur, Chhattisgarh

                                                        ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Devesh G. Kela, Advocate. For Respondents : Mr. Jitendra Pali, Deputy Advocate Genreal.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Sanjay Agrawal, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

03.11.2022

Heard Mr. Devesh G. Kela, learned counsel for the appellant. Also

heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for

the respondents.

2. This appeal is presented against an order dated 20.09.2022 passed

by the learned Single Judge in Writ Petition (S) No. 5937 of 2022,

whereby the petition filed by the petitioner challenging an order of transfer

dated 10.09.2022 was dismissed.

3. In the writ petition, it is averred that the petitioner is transferred from

the Office of Chief Medical & Health Officer, Bilaspur to District Hospital,

Bilaspur.

4. From the affidavit filed in support of the writ petition, it transpires

that he was working as Assistant Grade-II. It is pleaded that the petitioner

has only 6 months of service left, and therefore, transfer at this point of

time is wholly arbitrary and uncalled for.

5. By the order dated 10.09.2022, by which the petitioner was

transferred, in the place of the petitioner, Smt. Mauli Jacob was

transferred.

6. It is submitted by both Mr. Kela and Mr. Pali that Smt. Mauli Jacob

has joined the earlier place of posting of the petitioner and that after

dismissal of the writ petition, the petitioner has also joined the transferred

place of positing.

7. The learned Single Judge took a view that the transfer of the

petitioner had taken place in the same city, and therefore, no prejudice

would be caused to the petitioner.

8. What is significant to note is that Smt. Mauli Jacob was not made

party respondent, though she was a necessary party.

9. In the writ appeal, an application is filed by the petitioner to array

Divisional Joint Director Health Services and Smt. Mauli Jacob as party

respondents.

10. It is apparent from the order of transfer that Smt. Mauli Jacob was

transferred to the place of posting of the petitioner, and therefore, at this

juncture, it will not be permissible to implead Smt. Mauli Jacob as party

respondent.

11. Considering the matter in its entirety, we find no good ground to

interfere with the order of the learned Single Judge and accordingly, the

writ appeal is dismissed.

                          Sd/-                                        Sd/-
                  (Arup Kumar Goswami)                          (Sanjay Agrawal)
                      Chief Justice                                 Judge




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