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2025 DAILYLAW 46201 (CHH)

ANITA KURREY v. STATE OF CHHATTISGARH

WPS/8392/2024 · 2025-01-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:4337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8392 of 2024 1 - Anita Kurrey D/o Of Govind Das Rurrey Aged About 32 Years Working As R.H.O. ( Female ) At Sub Health Centre Pandarbhattha, Block Mungeli, District- Mungeli, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur Chhaattisgarh. 2 - Collector Mungeli District- Mungeli Chhattisgarh. 3 - Chief Medical And Health Officer Mungeli District- Mungeli Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sashi Kumar Kushwaha, Advocate For State/Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Digitally signed by RAVI SHANKAR MANDAVI 2 Order on Board 23/01/2025 1. Heard Mr. Sashi Kumar Kushwaha, learned counsel for the petitioner as well as Mr. Suyashdhar Badgaiya, Dy. Government Advocate for the State/respondent/s. 2. At the very outset, learned counsel for the petitioner submits that by the impugned order dated 27.11.2024 (Annexure P/1) she has been attached in Sub Community Health Centre, Karhi by the CHMO, District Mungeli, however the said order cannot be passed as she cannot be attached. Learned counsel for the petitioner submits that the attachment order cannot be passed as the attachment has been banned by the Circular of the State Government dated 04.06.2001 (Annexure P/2) and 25.04.2023 (Annexure P/3). 3. The prayer of the petitioner has not been opposed by the learned State counsel. The learned counsel for the State submits that it is an internal arrangement for better administration of work and it cannot be termed as attachment order. 4. Be that it may be, looking to the Circular of the State Government dated 04.06.2001 (Annexure P/2) and 25.04.2023 (Annexure P/3), passed by the State Government, the impugned order seems to be an attachment order. Accordingly, the order dated 27.11.2024 (Annexure P/1) is hereby quashed, however the State is at liberty 3 to pass appropriate order in respect of posting of the petitioner by an appropriate order. 5. Accordingly, with this observation and direction, this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi