1 2025:CGHC:56086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2603 of 2019 Dr. Arvind Sharma S/o Shri Dayaram Sharma Aged About 55 Years Homeopathy Medical Officer, R/o Flat No.A-12, Kitchen Queen Apartment, Danganiya Main Road, Raipur, District- Raipur, Chhattisgarh. ... Petitioner. versus 1 - State of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahandi Bhawan, Naya Raipur, Disrtict- Rauipur, Chhattisgarh. 2 - Under Secretary Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur-Chhattisgah. 3 - Director Directorate Of Ayurved, Yog Evam Prakratik Chikitsa, Yunani, Siddha And Homeopathy (Ayush), Chhattisgarh, D.K.S. Premises, Raipur, District- Raipur, Chhattisgarh. 4 - Deputy Director Directorate Of Ayurved Yog Evam Prakratik Chikitsa, Yunani, Siddha And Homeopathy (Ayush), Chhattisgarh, D.K.S. Premises Raipur, District- Raipur, Chhattisgarh. ... Respondent. For Petitioner : Shri Adil Minhaj, Advocate. For State/ Res : Shri Ritesh Giri, Panel Lawyer. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.11.18 17:01:54 +0530 2 WPS No. 1705 of 2019 Dr. Arvind Sharma S/o Shri Dayaram Sharma Aged About 55 Years Homeopathy Medical Officer, O/o Superintendent, Government Ayurved Medical College Hospital, Raipur, District Raipur Chhattisgarh. ... Petitioner. versus 1 - State of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Director Directorate Of Ayurved Yog Evam Prakratik Chikitsa, Yunani, Siddha And Homeopathy (Ayush), Chhattisgarh, D.K.S. Premises, Raipur, District Raipur Chhattisgarh. 3 - Dy. Director Directorate Of Ayurved, Yog Evam Prakratik Chikitsa, Yunani, Siddha And Homeopathy (Ayush), D.K.S. Premises, Raipur, District Raipur Chhattisgarh. 4 - Superintendent Government Ayurved Medical College Hospital Raipur Chhattisgarh. ... Respondents For Petitioner : Shri Adil Minhaj, Advocate. For State/Res : Shri Ritesh Giri, Panel Lawyer. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 18/11/2025 1. The present Writ Petitions are being disposed of by this common order since cause of action involved in both the writ petitions is the one and 3 the same. 2. For the purpose of disposal, facts and grounds pleaded in WPS No.2603 of 2019 are being referred. 3. Writ Petition (Service) No.2603 of 2019 has been filed challenging the transfer order dated 08.03.2019 passed by Respondent No.2 whereby, petitioner was posted as a Homeopathy Medical Officer at Community Health Centre, Rajpur, District Balrampur. 4. Writ Petition (Service) No.1705 of 2019 has been filed challenging the attachment order dated 24.01.2019 passed by Respondent No.3, whereby the petitioner was attached in Government Ayurved Medical College, Raipur. 5. Necessary facts of the case are that earlier the petitioner got compulsorily retired by invoking powers vested under C.G. Fundamental Rules 56 (2) (क) and Chhattisgarh Civil Services Pension Rules, 1976, Rule 42, sub-rule (1), clause (बी) in the public interest, as the petitioner completed 50 years of service and at that time, he was posted as Homeopathy Medical Officer at Government Homeopathy Hospital, Ambagarh Chowki, District Rajnandgaon. After representation by the petitioner, the said order was recalled vide order dated 17.01.2019 (Annexure P/3) and the petitioner was posted at Directorate, Ayurved Yog Evam Prakratik Chikitsa, Yunani Siddha and Homeopathy (for short “AYUSH”) at Raipur (C.G.). Thereafter, the petitioner was attached at Government Ayurved Medical College at Raipur vide order dated 24.01.2019. Counsel for the petitioner submits that the said order was challenged in a separate Writ Petition Service bearing No.1705 of 2019 4 and vide order dated 11.03.2019, an interim protection was granted in favour of the petitioner and the said order was stayed so far as the posting of the petitioner is concerned. 6. Learned counsel for the petitioner submits that to frustrate the aforesaid interim protection, the Authorities had issued a back dated order dated 08.03.2019 whereby, the petitioner was posted at CHC, Rajpur District Balrampur which has been challenged in Writ Petition Service No.2603 of 2019. He would submit that the said order dated 08.03.2019 has also been stayed by the interim order dated 05.04.2019. 7. Learned counsel for the State would support the transfer order and would submit that transfer is an incidence of service and no government employee can claim to be remained posted at a particular post forever. He submits that after 2019, several transfer orders have been issued for the Medical Officers Homeopathy but there was a stay only in favour of the petitioner, so the petitioner was not disturbed. 8. In the present case, the Petitioner has earlier challenged the attachment order dated 24.01.2019 in WPS No.1705 of 2019, whereby the services of the petitioner were attached at Government Ayurved Medical College, Raipur and the said Petition is still pending consideration before this Court. 9. Since the attachment order which was passed way back on 24.01.2019 has already been cancelled on 13.03.2019, it appears that WPS No.1705 of 2019 has become infructuous. 10.Considering the attending facts and circumstances of the case and the fact that the transfer order has been passed in the year 2019 and interim 5 protection has also been granted by this Court, this Court deems it appropriate to observe that the petitioner shall be allowed to work in the present place of posting for a further period of 3 months and the transfer order dated 08.03.2019 shall not be acted upon. However, the respondent authorties would be at liberty to take a fresh decision regarding transfer of the petitioner strictly in accordance with the transfer policy. 11.With the aforesaid observation, both the Writ Petitions are disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash