Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22261-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3836 of 2025 Manish Kumar Manikpuri S/o Late Shri B.D Manikpuri Aged About 49 Years R/o Jawahar Navoday Vidyalay Mana Camp, Tehsil- Dharsiwa, District Raipur, C.G
... Petitioner(s) versus
1. Union of India Through The Secretary, Department of School Education And Literacy (Ministry of Human Resource Development), C Wing, Shastri Bhawan, Dr Rajendra Prasad Rd, Rajpath Area, Central Secretariat, New Delhi, Delhi 110001
2. Commissioner Vidyalaya Navodaya B-15, Samiti, Institutional Area, Block B, Industrial Area, Sector 62, Noida, Uttar Pradesh 201307
3. Deputy Commissioner Navodaya Vidyalaya Samiti Bhopal Region A- 135 A, Gate No. 2, Alkapuri, Drm Office Road, Habibganj, Bhopal (Madhya Pradesh) Pin- 462024
4. Assistant Commissioner (Admn.) Navodaya Vidyalaya Samiti Bhopal Region A- 135 A, Gate No. 2, Alkapuri, Drm Office Road, Habibganj, Bhopal (Madhya Pradesh) Pin 462024
5. Principal Jawahar Navodaya Vidyalaya, Mana Camp, Tahsil- Dharsiwa, District- Raipur, Chhattisgarh- 492015
...Respondent(s) For Petitioner : Mr. Nikhil Parakh, Advocate. For Respondent No. 1 : Ms. Annapurna Tiwari, Central Government Counsel. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.05.22 17:27:26 +0530
2 Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri
Amitendra Kishore Prasad
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
22 . 05 .202
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1. Heard Mr. Nikhil Parakh, learned counsel for the petitioner. Also heard Ms. Annapurna Tiwari, learned Central Government Counsel, appearing for respondent No. 1/UOI. 2. The present petition has been filed by the petitioner with the following prayers:
“(i) That this Hon’ble Court may kindly be pleased to issue an appropriate order/direction/writ to the answering respondent to call for all the relevant records pertaining to the aforementioned case and for the kind perusal of the Hon’ble Court. (ii) That this Hon’ble Court may kindly be issue a writ of certiorari or any other appropriate writ, order or direction to quash the impugned order dated 01.05.2025 passed by the Hon’ble Central Administrative Tribunal, Jabalpur Bench in O.A. No. 456 of 2024.
(iii) That this Hon’ble Court may graciously be pleased to issue an appropriate writ, order, or direction to the respondents to amend the New Transfer Policy, 2021,
3 so as to duly recognize and incorporate updated and modern medical treatments, including but not limited to minimally invasive procedures, in cases of serious heat ailments, in order to ensure that affected individuals are not deprived of the benefits and entitlements under the said policy solely due to the non-recognition of current medical standards. (iv) Issue a writ of certiorari or appropriate direction to quash the notice dated 09.05.2025 passed by the respondents, relieving the petitioner from JNV Raipur and transferring him to JNV Gariaband; (v) Direct the respondents to allow the petitioner to continue his posting at JNV Raipur where adequate cardiac medical facilities are available; (vi) Grant any other relief or order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. (vii) That this Hon’ble Court may kindly be pleased to issue an appropriate order/direction to the answering respondents to follow uniform criteria. (viii) That this Hon’ble Court may kindly be pleased to issue an appropriate order/direction to the answering respondents to consider the present petitioner for protection from transfer as per the policy. 4 (ix) That any other relief which this Hon’ble Court may deem fit and necessary in the interest of justice may kindly be awarded. (x) That the cost of the petition may kindly also be awarded to the petitioner.”
3.
From perusal of the prayers made in the present petition, it transpires that the prayers are defective as there is no mention of any particular rule or clause of the New Transfer Policy, 2021 which the petitioner wants to challenge and he prayed a direction from this Court to amend the New Transfer Policy, 2021, so as to duly recognize and incorporate updated and modern medical treatments, including but not limited to minimally invasive procedures, in cases of serious heat ailments, in order to ensure that affected individuals are not deprived of the benefits and entitlements under the said policy solely due to the non- recognition of current medical standards. 4. Considering the aforesaid view of the matter, as there is no challenge of any particular rule or clause of the New Transfer Policy, 2021, the present petition is dismissed. However, the petitioner is at liberty to approach before this Court by filing afresh petition with the proper prayers. Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Anu