DR. RAVIKANT DAS v. STATE OF CHHATTISGARH
Court: High Court of Chhattisgarh
Bench: HON'BLE SHRI JUSTICE GOUTAM BHADURI
Judgment date:
Case summary
High Court of Chhattisgarh judgment dated 2020-10-19. DR. RAVIKANT DAS v. STATE OF CHHATTISGARH. Read the judgment and case details on LawSphereX.
Judgment text
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4154 of 2020 • Dr. Ravikant Das, S/o Shri Khelan Das, Aged About 47 Years, Posted as Professor, Orthopedics Department, Government Medical College, Ambikapur, Sarguja, Chhattisgarh ---- Petitioner Versus 1. State Of Chhattisgarh, through Secretary, Medical Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh 2. Director, Directorate of Medical Education, Old Nurses Hostel, D. K. S. Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3. Chhattisgarh Dean, Government Medical College, Ambikapur, Sarguja, Chhattisgarh ---- Respondents For Petitioner Ms. Aditi Singhvi, Advocate For Respondent-State Ms. Sunita Jain, GA Hon'ble Justice Shri Goutam Bhaduri Order On Board 19/10/2020 1. Learned counsel for the petitioner submits that the petitioner, who is an Orthopedic Surgeon, was posted in the Government Medical College, Ambikapur, District Sarguja on 12. 08. 2017.
It is contended that he has served more than 3 years in the scheduled area and as per Clause 1. 3 of the Transfer Policy, the person, who has served 3 years in the scheduled area, is considered to be posted in the non scheduled area. It is further contended that the persons, who are placed in the non scheduled area in the department wherein the petitioner is placed, are not being placed in the scheduled area for atleast 15-20 years. Therefore, the petitioner has made a representation dated 06. 06. 2020 & 01. 07. 2020 (Annexure-P-3) to the respondent No. 1, however, the respondent No. 2 raised objection regarding transfer of the petitioner vide letter dated 18. 06. 2020 (Annexure-P-4). 2. I have heard learned counsel for the parties and perused the documents. Clause 1. 3 of the Transfer Policy reads as under:- 1-3 izFke fu;qfDr ds le; vf/kdkfj;ksa@deZpkfj;ksa dks nqxZe vuqlwfpr {ks= esa de ls de nks o"kZ ds fy, vFkok lkekU; vuqlwfpr {ks=ksa ds vU; ftyksa@fodkl[k.
Mksa esa de ls de rhu o"kZ ds fy, inLFk fd;k tk,A fu/kkZfjr vof/k ds i'pkr~ mudk LFkkukUrj. k xSj vuqlwfpr {ks= esa fd;k tk,A muds LFkku ij vU; vf/kdkfj;ksa @deZpkfj;ksa dh inLFkkiuk ds fy, iz'kkldh; foHkkx }kjk jksVs'ku iz. kkyh fu/kkZfjr dh tk,A ;fn vuqlwfpr {ks= esa inLFk dksbZ vf/kdkjh@ deZpkjh fu/kkZfjr dk;Zdky iw. kZ gksus ds i'pkr~ Hkh ;Fkkor mlh LFkku ij inLFk jguk pkgs] rks mls fu/kkZfjr dk;Zdky dh lekfZIr ds iwoZ bl laca/k esa vius foHkkxk/;{k ls fyf[kr esa vuqjks/k djuk gksxkA mlds vuqjks/k ij foHkkxk/;{k }kjk ;Fkksfpr fu. kZ; fy;k tk,xkA The reading of the aforesaid policy purports that the person after rendering his services in the scheduled area for 3 years is considered to be posted in the non scheduled area. 3. Accordingly, it is directed to the respondent Nos. 1 & 2 to decide the representation of the petitioner dated 06. 06. 2020 & 01. 07. 2020 (Annexure-P-3) in terms of the Transfer Policy. The respondent Nos.
1 & 2 shall decide the representation of the petitioner within a period of 4 months from the date of receipt of this order. 4. Learned State counsel is directed to not object to the facts for decision of the representation. 5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Nirala
Source: High Court of Chhattisgarh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.