JEEVAN JYOTI FLANDER ( J.J. FLANDER) v. STATE OF CHHATTISGARH
WPS/2782/2025 · 2025-04-25
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18723 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18723 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18756
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2782 of 2025 1 - Jeevan Jyoti Flander ( J.J. Flander) D/o Shri Bharat Flander Aged About 45 Years Working As Rural Health Organizer (Female) Posted At Community Health Center, Lormi, District - Mungeli Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 2 - The Collector Mungeli, District - Mungeli Chhattisgarh 3 - Chief Medical And Health Officer Mungeli, District - Mungeli Chhattisgarh 4 - Block Medical And Health Officer Lormi, District - Mungeli Chhattisgarh 5 - Block Medical And Health Officer Mungeli, District - Mungeli Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Mahima Tandan, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.26 11:00:33 +0530
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1. By the present petition, the petitioner, who is working on the post of Rural Health Organizer (Female) at Community Health Centre, Lormi, is questioning the transfer order dated 10/09/2022 passed by the respondent No.2/ Collector, Mungeli by which the petitioner has been transferred from Community Health Centre, Lormi, District Mungeli to Primary Health Centre, Barela, District Mungeli on administrative exigency.
2.
Learned counsel for the petitioner submits that in the year 2022 due to her ill health, she was on medical leave from 01/06/2022 to 16/07/2022. On 18/07/2022, the petitioner appeared before the respondent No.4/ Block Medical & Health Officer, Lormi for resuming her duties where the respondent No.4 asked her to submit medical fitness certificate vide letter dated 19/07/2022 but the petitioner failed to produce the same however, presently the respondents are asking her to join the transferred place of posting i.e. Primary Health Centre, Barela.
3.
Learned counsel appearing for the State, by referring the order dated 18/03/2025 (Annexure P/8) passed by the CMHO, Mungeli whereby the petitioner has been directed to join her transferred place of posting i.e. Primary Health Centre Barela, submits that the petitioner has not challenged the order dated 18/03/2025 whereas she is presently, after a delay of more than two years, challenging the order dated 10/09/2022, hence, the writ petition itself is not maintainable as the petitioner has preferred the present writ petition at a belated stage.
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4. I have heard learned counsel for the parties and perused the documents.
5. Perusal of the impugned order dated 10/09/2022 would show that the petitioner has been transferred from Community Health Centre, Lormi, District Mungeli to Primary Health Centre, Barela, District Mungeli and vide order dated 18/03/2025, the CMHO has permitted the petitioner to join her transferred place of posting i.e. Primary Health Centre, Barela.
6. It appears that the petitioner without obeying and complying with the transfer order dated 10/09/2022, presently after more than two years, is questioning the same order without explaining the delay by placing cogent and plausible reasons in filing the writ petition.
7. However, the writ petition is disposed of reserving the liberty in favour of the petitioner to approach before the Collector by filing a representation within a period of two weeks if any personal difficulty is with the petitioner to comply with the order dated 10/09/2022. In the event of filing of such representation, the concerned Collector shall look into the matter and take appropriate decision within a further period of two weeks, in accordance with law and on its own merits.
8. With the aforesaid observation, the writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar