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2025 DAILYLAW 10685 (CHH)

VISHAL GHODKHANDE v. STATE OF CHHATTISGARH

WPS/1721/2023 · 2025-07-30

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:37679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1721 of 2023 1 - Vishal Ghodkhande S/o Dilip Ghodkhande, Aged About 44 Years Post Pharmacist Grade I, Posted In The Office Of Chief Medical And Health Officer Kanker, District North Bastar Kanker, C.G. R/o House No. 15/104, Bahati Ji Gali, Rajapara, Kanker, District North Bastar Kanker, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Under Secretary, Department Of Health And Family Welfare, Ministry, Mahanadi Bhavan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 2 - Committee Of Senior Secretaries, Department Of Health And Family Welfare, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 3 - The Director, Directorate Of Health Services, Health And Family Welfare Department, Indravati Bhavan, Third Floor, Block No. 1, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh. 4 - The Collector, District North Bastar Kanker, Kanker, Chhattisgarh. 5 - Chief Medical And Health Officer, Department Of Health And Family Welfare, Kanker, District : Kanker, Chhattisgarh. 6 - Chief Medical And Health Officer, Department Of Health And Family Welfare, Dantewada, District South Bastar Dantewada, Chhattisgarh. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Alok Kumar Dewangan, Advocate. For Respondent(s)/ State : Ms. M. Asha, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 31/07/2025 1. This petition is preferred against orders dated 13.02.2023 and 30.9.2022. 2. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 That the Hon'ble Court may kindly be pleased to set aside Order Kramank F 1-23/2023/Satrah/Ex, New Raipur Atal Nagar, Dated 13/02/2023 issued by the Under Secretary, Department of Health & Family Welfare Government of Chhattisgarh, C.G. & Recommendation of Committee dated 22/12/2022 in the interest of justice. 10.2 That the Hon ble Court may kindly be pleased to set aside / pass an order of cancellation of impugned transfer Order Kramank F 1-106/2022/Satrah Ek, New Raipur Atal Nagar, Dated 30/09/2022 Issued by the Under Secretary, Department of Health & Family Welfare Government of Chhattisgarh, C.G., so far as it relates to petitioner. 10.3 That, the Hon'ble Court may kindly be pleased to 3 call for entire records from the office of the respondents in respect of petitioner's claim & direct the Respondents to provide the cost of the petition and other expenses suffered by the petitioner. 10.4 That, any other writ, order, directions or relief which this Hon ble Court may deem fit may kindly be passed in favour of the petitioner." 3. Vide order dated 03.03.2023, order of status quo was granted to the petitioner by this Court. 4. Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such the order transferring the petitioners, by the afflux of time, has lost its efficacy and as such the orders dated 13.02.2023 and 30.09.2022 are required to be quashed and accordingly the said orders under challenge are hereby quashed. 5. However, liberty is granted to the respondent State authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat