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2019 DAILYLAW 1149 (CHH)

DR. NEERAJ KUMAR SHARMA v. STATE OF CHHATTISGARH

WPS/8847/2019 · 2026-01-06

Shri Sanjay K Agrawal

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Page No.1 of 2 IN WPS-8847-2019 2026:CGHC:950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8847 of 2019 Dr. Neeraj Kumar Sharma S/o Shri Girja Shankar Sharma Aged About 40 Years Occupation - Medical Officer, P. H. C. Mardapoti, District - Kanker Chhattisgarh., District : Kanker, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Additional Secretary, Chhattisgarh State, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Petitioner : Mr. Anand Bajaj, Advocate on behalf of Mr. Awadh Tripathi, Advocate For Respondents : Mr. HAPS Bhatia, Panel Lawyer ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 07.01.2026 1. Heard. 2. Learned counsel for the petitioner submits that at the time of obtaining the option for PG Course, the petitioner has opt to serve after obtaining PG degree at certain particular earmarked places in SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 2 IN WPS-8847-2019 the Government Hospitals/Departments, however, deviating from the said option so given by the petitioner with regard to place of posting after obtaining PG degree, he is being posted to some other place, of where he has not given option/choice that too when the places where the petitioner has given option are still vacant. Therefore, the impugned order is bad, illegal, arbitrary and without authority of law and, as such, liable to be set aside. 3. On the other hand, learned counsel for the State supported the impugned order and prays for dismissal of this petition. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and went through the record with utmost circumspection. 5. In the present case, a careful perusal of the record would show that since this Court passed interim order dated 23.10.2019, which is still operating after lapse of more than 06 years, therefore, the impugned order dated 04.10.2019 (Annexure-P/01), so far it relates to the present petitioner, is hereby quashed. The respondents are at liberty to pass fresh transfer order against the petitioner, if there exists any administrative exigency. 4. With aforesaid observation, the writ petition stands finally disposed of. No cost. s@if Sd/- (Sanjay K. Agrawal) Judge