Mahesh Kumar Soni vs State Of Chhattisgarh And Ors

P. Sam Koshy, J

The challenge in the present writ petition is to the impugned order Annexure P-1 dated 23.08.2019 whereby the petitioner has been transferred

from Sub health Centre, Katkalo, Block Ambikapur District Surguja to Sub Health Centre, Irpanar, Block Koylibeda, District Kanker.

Contention of the petitioner is that the seniority of the petitioner is maintained district wise and petitioner is being sent to a place out of district and

thereby the seniority and promotional prospects of the petitioner would get adversely affected.

Given the said fact, which is not disputed by the state counsel on instruction, this Court is of the opinion that a strong case for disposal of the writ

petition is made out. Accordingly, let petitioner make a detailed representation to the respondent No. 1 & 2 within a period of 10 days from today. On

receipt of the representation Respondent No.1 & 2 shall decide the same within a further period of 45 days.

Till the representation is decided, the effect and operation of the impugned order shall remain stayed so far as petitioner is concerned.

Meanwhile, respondents are also at liberty to take steps considering the person who is replacing the petitioner and who has entered appearance in

this case as a Caveator intimating that he has been relieved from his place of posting and already joined at the present place of posting. Authorities

while deciding the representation would be at liberty to verify whether the seniority and promotional prospects of the petitioner are in fact going to get

adversely affected or not?

With the aforesaid observations, the writ petition stands disposed of.