Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14321
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 549 of 2025 1 - Dr. B. Mukhopadhyay S/o Shri Hardas Mukhopadhyay Aged About 50 Years Posted As Veterinary Assistant Surgeon Veterinary Hospital Jamgaon R, District - Durg Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Animal Husbandry Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur Chhattisgarh 2 - Director Directorate Of Venerinary Services Indravati Bhawan Atal Nagar Nava Raipur District - Raipur Chhattisgarh
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Amrito Das, Advocate. For Respondent(s) : Shri Suyashdhar Badgaiya, Dy. G.A. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 25.03.2025
1. By the present writ petition, the petitioner who is presently posted as Veterinary Assistant Surgeon, Veterinary Hospital Jamgaon District SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.27 17:18:03 +0530
2 Durg is questioning the order dated 08.01.2025, by which the petitioner has been transferred from Veterinary Hospital Jamgaon (R) District Durg to Trikunda, District Balrampur. 2. Learned counsel for the petitioner submits that the petitioner is suffering from a life threatening disease called Anti JO-1 Antisynthetase Syndrome with Interstitial Lung Disease. The said disease is a rare chronic autoimmune disease that affects multiple organ system. The petitioner is also required to take medical care and supervision from AIMS Raipur, there is no medical facility except AIMS Raipur for treatment of said disease. Learned counsel for the petitioner further submits that the wife of the petitioner is also a cancer patient who is under continuous supervision and periodic medical examination on account of the said disease. Learned counsel for the petitioner place a certificate issued by the Department of General Medicine AIMS, Raipur, where it has been certified that the petitioner treatment requires follow up from various department like Pulmonary Medicine, Cardiology and Dermatology and he needs treatment in AIMS for his current medical condition. Learned counsel further submits that the petitioner’s children are studying in Class- 11th in DPS Bhilai, hence, in the event of transfer of the present petitioner, the entire family will be destabilized and the petitioner shall suffer irreparably and the medical treatment which is followed up by the AIMS Raipur will be disturbed. 3.
On the other hand, learned counsel for the State submits that the petitioner has been transferred on administrative exigency and if the petitioner will submit a representation before the concerned authority,
3 the same shall be considered and necessary decision will be taken on the representation submitted by the petitioner. 4. I have heard both the parties and perused the pleadings as well as the certificate issued by the Department of General Medicine AIMS Raipur. 5. From the perusal of the certificate, it appears that the petitioner is suffering from Anti JO-1 Antisynthetase Syndrome with Interstitial Lung Disease and also required follow up from the Department like Pulmonary Medicine, Cardiology and Dermatology and also they have stated that he will need prolonged treatment in AIIMS for his current medical condition. 6. Hence, looking to the aforesaid fact and as the petitioner is suffering from a life threatening disease and which require regular follow up from the AIMS Raipur, the impugned order transferring the petitioner from Durg to Balrampur dated 08.01.2025 is quashed and the petitioner be permitted to work at the present place of posting i.e, Veterinary Hospital Jamgaon District Durg. 7. With the aforesaid observation and direction, the writ petition is allowed. Sd/-
(Bibhu Datta Guru) Judge Shoaib