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2025 DAILYLAW 3864 (CHH)

SMT. RAJANI JOHN MASIH v. STATE OF CHHATTISGARH

WPS/581/2025 · 2025-01-22

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:3846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 581 of 2025 1 - Smt. Rajani John Masih W/o Ganga Ram, D/o Lalit Masih Aged About 45 Years R/o Mission Compound, Takhatpur, Tahsil And District - Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Health And Family Welfare, Raipur, District Raipur Chhattisgarh 3 - Collector Bilaspur, Distt. Bilaspur Chhattisgarh 4 - Chief Medical And Health Officer Bilaspur, Distt. Bilaspur Chhattisgarh 5 - Block Medical Officer Block - Takhatpur, Distt. Bilaspur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For Petitioner :- Mr. Hemant Kesharwani & Mr. Suresh Tandan, Advocates For State :- Ms. Nupur Trivedi, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 22.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1) That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned orders dated 12.12.2024 and order dated 19.12.2024 (Annexure P/1) passed by the respondent no. respectively. 10.2) Any other relief which this Hon'ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that vide circular dated 25.04.2023, the attachment is totally banned in the State of Chhattisgarh, however, in spite of the said fact, an attachment order dated 12.12.2024 has been passed against the petitioner which is per se illegal. 3. On the other hand, learned State counsel submits that it is not an attachment order, it is an order by which the petitioner has been posted to Ratanpur in exigency of service, as such, it cannot be said to be illegal. 4. Considering the fact that the attachment is banned by the circular of the State Government, the impugned order dated 12.12.2024 3 is liable to be quashed, and is hereby quashed. 5. However, liberty is granted to the State to pass appropriate orders in respect of the petitioner, in accordance with law. 6. With the aforesaid observation, the petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha