1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8916 of 2025 1 - Smt. Ekta Thakur (Chauhan) W/o Khileshwar Chauhan, Aged About 30 Years Working As Staff Nurse, R/o House No. 229, Jodhapur Ward, Dhamtari, District - Dhamtari (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Public Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District - Raipur (C.G.) 2 - The Mission Director National Health Mission Chhattisgarh, Third Floor Health Building Sector- 19 (North Block) Nawa Raipur District - Raipur (C.G.) 3 - The Chief Medical And Health Officer Bemetara, District - Bemetara (C.G.) 4 - The Block Medical Officer Community Health Centre, Thankhamhariya, Block Saja, District - Bemetara (C.G.) ... Respondent(s) For Petitioner (s) : Shri Sanjeev Kumar Sahu, Advocate. For State : Shri SP Kale, Addl. Advocate General. For Respondent No.2 : Shri CJK Rao, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 08.09. 202 5 1. Challenge in this petition is the order dated 30.06.2025 whereby the transfer order of the petitioner from Community Health Centre, Thankhamhariya, District Bemetara to District Hospital Dhamtari which was made vide order dated 26.06.2025, has been cancelled. 2. Learned counsel for the petitioner would submit that vide order dated 26.06.2025 the services of the petitioner working as Staff Nurse on Digitally signed by INDRAJEET SAHU Date: 2025.09.12 11:39:49 +0530 2 contractual basis was transferred from Community Health Centre, Thankhamhariya, District Bemetara to District Hospital Dhamtari, however, on the recommendation made by the respondent No.3, the transfer order of the petitioner has been cancelled on the ground that the petitioner is working as contractual employee and she was inadvertently transferred by the impugned order. He would further submit that in the appointment order of the petitioner it has not been mentioned that she cannot be transferred. Even, as per clause-1.14 of the transfer policy dated 05.06.2025, once the transfer order has been issued, it cannot be amended or cancelled without prior permission of Hon’ble the Chief Minister of the State. Therefore, cancellation order of the petitioner is liable to be quashed. 3. On the other hand, the counsel for the State would submit that since the petitioner is a contractual Staff Nurse, engaged under National Health Mission, she cannot be transferred as a regular employee. By mistake she was transferred vide transfer order dated 26.06.2025. When this mistake came into knowledge of respondent No.2, he recommended for cancellation of said transfer order of the petitioner to respondent No.1 vide its recommendation dated 29.06.2025 and in pursuance thereof the respondent No.1 has cancelled the said transfer order of the petitioner. He would further submit that the representation of the petitioner has also been decided on 20.08.2025 on the same ground that contractual employee cannot be transferred and she was transferred by mistake. 4. Learned counsel for respondent No.2 would also submit that since the petitioner is a contractual employee engaged in National Health Mission and was transferred by mistake, her transfer order was rightly 3 cancelled by the respondent No.1 as contractual employee cannot be transferred from one place to another. Therefore, there is no infirmity or illegality in cancellation of transfer order dated 30.06.2025. 5. I have heard the counsel for the parties and perused the material annexed with the petition. 6. It is not disputed by the petitioner that she is a contractual employee working as Staff Nurse under National Health Mission and posted at Community Health Centre, Thankhamhariya, District Bemetara. Though vide order dated 26.06.2025 she was transferred from Community Health Centre, Thankhamhariya to District Hospital Dhamtari, but immediately thereafter when mistake was pointed out by the respondent No.3, he recommended the respondent No.2 on 27.06.2025 that since petitioner is working as Staff Nurse on contractual basis, her transfer and relieving would create more complication and it may go into litigation which would not good for other employees also, and accordingly considering the mistake, he recommended for cancellation of transfer of the petitioner to the respondent No.1 vide letter dated 29.06.2025. It transpires from the recommendation dated 29.06.2025 that it is not only the petitioner alone whose transfer order has been recommended to be canelled. There were five similarly situated persons whose order was also cancelled on the same ground of they being contractual Staff Nurse engaged in National Health Mission. Pursuant to the recommendation dated 29.06.2025 the transfer of the petitioner and five other similarly situation employees have been cancelled by the respondent No.1 vide order dated 30.06.2025. Further, the representation of the petitioner has also been rejected on 20.08.2025 stating same ground that her 4 transfer order was issued by mistake and being contractual employee she cannot be transferred to any other place. 7. Considering the entire facts and circumstances of the case as well as the recommendation made by respondents No.3 & 2 to respondent No.1, as also from perusal of rejection of representation of the petitioner on 20.08.2025, I do not find any palpable infirmity to interfere with the impugned order dated 30.06.2025 cancelling the transfer order of the petitioner dated 26.06.2025. The mistake was immediately detected and rectified by the authorities concerned by cancelling the same. 8. The writ petition accordingly being devoid of merit deserves to be and is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder