Smt Pritika Borban Sujan vs The State Of Madhya Pradesh
2023 Latest Caselaw 11642 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 25 th OF JULY, 2023
                   WRIT PETITION No. 17238 of 2023

BETWEEN:-
SMT PRITIKA BORBAN (SUJAN) W/O SHRI HARISH
SUJANE, AGED ABOUT 32 YEARS, OCCUPATION:
NURSING OFFICER CHC BHAISDEHI DISTRICT BETUL
R /O CHICHOLI DHANA BHAINSDEHI DISTRICT BETUL
(MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI PRAKASH KUMAR GUPTA - ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH THROUGH THE
      SECRETARY PUBLIC HEATH AND FAMILY
      WELFARE    DEPARTMENT,    MANTRALAYA,
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    THE  COLLECTOR           BETUL DISTRICT      BETUL
      (MADHYA PRADESH)

3.    THE CHIEF MEDICAL AND HEALTH OFFICER
      BETUL DISTRICT BETUL (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI MANASMANI VERMA - GOVERNMENT ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                   ORDER

This petition under Article 226 of the Constitution of India has been filed against the order dated 07.07.2023 issued by Chief Medical & Health Officer, District Betul by which the petitioner has been transferred from Community Health Centre Bhainsdehi to Community Health Centre Shahpur which

according to the petitioner is approximately 105 kms. away from the present place of posting.

2. It is submitted by the counsel for the petitioner that at present the petitioner is having a pregnancy of 7 months and transfer of the petitioner at this juncture may prove fatal to her pregnancy. Therefore, even Block Medical Officer, C.H.C. Bhainsdehi by his recommendation dated 09.07.2023 has requested C.M.H.O. District Betul to stay the transfer order and to permit the petitioner to continue to work in C.H.C. Bhainsdehi. It is further submitted that even the petitioner has made a representation for suspension of her transfer order.

3. Heard the learned counsel for the petitioner.

4. It is the case of the petitioner that she is carrying pregnancy of 7 months and her transfer at this juncture is not conducive to herself as well as her baby. The petitioner in her representation has also prayed for stay of her transfer order. Even Block Medical Officer has also recommended for the same.

5. Accordingly, it is directed that CMHO, District Betul shall consider the recommendation dated 09.07.2023 made by Block Medical Officer, C.H.C. Bhainsdehi and the representation dated 10.07.2023 made by the petitioner for keeping the transfer order under suspended animation.

6. This Court is cautious of judgment passed by Divisional Bench of this Court in the case of Mridul Kumar Sharma Vs. State of M.P. reported in ILR 2015 MP 2556 in which it has been held that the direction to decide the representation cannot be given unless and until the transferred employee joins at a transferred place and it is within the exclusive domain of the employer to stay the execution of transfer order.

7. However, looking to the peculiar facts and circumstances of the case where the petitioner is expecting her baby in near future, it is directed that the recommendation made by C.M.O., Bhainsdehi, District Betul as well as the representation made by the petitioner shall be decided positively within a period of 1 month from today. Till then, the transfer order shall remain suspended.

8. With aforesaid observations, petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE vc

VARSHA CHOURASIYA 2023.07.26 14:23:41 +05'30'