Decided on April 15,2005

K.Thakur Appellant


L.C.BHADOO,J. - (1.) The petitioner, who is working as Multipurpose Health Worker, has preferred this writ petition under Article 226/227 of the Constitution of India questioning the legality and propriety of the order dated 5-1-2004 (Annexure P-7) whereby the order dated 1-10-2003 (Annexure P-5) transferring the petitioner from Sub Health Centre, Chihro, Sub Division, Daundi,District Durg to Sub Health Centre, Kolihapuri, Sector Chandkhuri, Primary Health Centre, Nikum, District Durg has been cancelled, and also the order dated 23rd June, 2003 (Annexure P-2), whereby the petitioner's posting at Sub Health Centre, Chihro, Sub Division, Daundi has been restored.
(2.) Brief facts leading to filing of this writ petition are that the petitioner is a Health Worker under the Health, Family Welfare and Medical Education Department. Vide order dated 8-1-2002 (Annexure P-l) on her own request the petitioner was transferred from Primary Health Centre, Khandsara, Sub Health Centre, Mau, District Durg, to Sub Health Centre, Pauwara, Primary Health Centre, Nikum, District Durg. As no post was available and respondent No. 5 was already working there, therefore, vide order dated 23rd June, 2003 (Annexure P-2) the petitioner was transferred to Sub Health Centre, Chihari. However, vide order dated 1-10-2003 (Annexure P-5) the petitioner was again transferred to Nikum and since respondent No. 5 was already working there and there was no post available at Nikum, vide the impugned order dated 5-1-2004, the order dated 1-10-2003 was cancelled and that of order dated 23rd June, 2003 whereby the petitioner was posted at Chihari was restored.
(3.) The case of the petitioner is that this order has been passed just to accommodate respondent No. 5. Since the petitioner did not satisfy the illegitimate demands made by respondent Nos. 3 and 4, the impugned order has been passed and the petitioner has been shifted four times in a span of one and half years. The petitioner is not getting salary, therefore, the impugned order be set aside.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.