Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5979
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 918 of 2025 • Smt. Indra Meravi W/o Mahesh Kumar Dindore Aged About 38 Years Post- Rural Health Organizer (F), Khandsara, Tahsil Bodla, District Kabirdham (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, New Raipur (C.G.). 2 - Director Health Services, Swasthya Bhawan, Third Floor, Sector-19, North Block, New Raipur, Atal Nagar, District Raipur (C.G.). 3 - Chief Medical And Health Officer Kabirdham (C.G.). 4 - Block Medical Officer Community Health Center, Bodla, District Kabirdham (C.G.). 5 - Collector Tahsil And District- Kabirdham (C.G.).
... Respondent(s) Digitally signed by RAGHVENDRA JAT
2 For Petitioner(s) : Mr. Ritesh Verma, Advocate. For Respondent(s)/ State : Ms. Shailja Shukla, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 03/02/2025
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10:1. that, the Hon'ble Court may kindly be pleased to quash the order No impugned Attachment Establishment Nursing/2025/302 Kabirdham dated 14.1.2025 and Amended Attachment Order No./Establishment Nursing/2025/396 Kabirdham, Dated 15.1.2025 passed by the respondent No. 3 Chief Medical and Health Officer, Kabirdham (C.G.) (Annexure-P/1). 10.2. that, the Hon'ble Court may issue appropriate writ or direction to the respondent to consider the representation (Ann-P/S) benevolently. 10:3. that, the Hon'ble Court may kindly issue direction to the concerned department to take appropriate action against the concerned officers who passed illegal attachment order surpassing the government policy. 3 10:4. that, the Hon'ble Court may further be pleased to pass any order or issue any suitable writ or direction as may deem fit under the circumstances of the case.”
2. Brief facts of the case, is that, petitioner is posted at "Sub-Health Center, Khandsara, Bodla District Kabirdham (C.G.)". The petitioner is challenging the attachment order passed by the respondent No. 3 Chief Medical and Health Officer, Kabirdham vide original Attachment order No./ Establishment Nursing/2025/302 Kabirdham dated 14.1.2025, whereby her services are attached from 'Sub-Health Center, Khandsara, Bodla, Kabirdham' to 'Sub-Health Center Dhawaipani, Bodla, Kabirdham' and on the very next day dated 15.1.2025, passed Amended Attachment Order No./Establishment Nursing/2025/396 Kabirdham, whereby her services are attached from 'Sub-Health Center, Khandsara, Bodla, Kabirdham' to 'Sub-Health Center, Jhalmala, Bodla, Kabirdham'. The order of attachment is issued by the respondent illegally. She has been harassed by the respondents by way of passing frequent attachment orders. 3. Learned counsel for the petitioner submits that on 14.01.2025 the petitioner has been attached to Sub-Health Center Dhawaipani, Bodla, Kabirdham by the CMHO, Kabirdham, Chhattisgarh and
4 on the next day itself an another order has been passed while directing the petitioner to be attached with Sub Health Center, Jhalmala, Bodla, Kabirdham, Chhattisgarh. He further submits that at present the State Government has banned the attachment of any employee vide memo dated 25.04.2023 (Annexure-P/3) as such he submits that the order is not in accordance with law and is liable to be quashed. 4. On the other hand, learned counsel for the State objected the same and stating that it is neither an attachment order nor transfer order, it is an order of posting which the CMHO can very well done. 5.
Considering the facts and circumstances of the case, considering the fact that some order has been passed for attachment and on the next day another attachment order has been passed against the petitioner and further considering the two orders 04.06.2001 and 25.03.2023, I am of the opinion that the orders are liable to be quashed. Accordingly, order dated 15.01.2025 passed by CMHO, Kabirdham, Chhattisgarh is hereby quashed. However, the respondent authorities are at liberty to pass appropriate orders against the petitioner after considering her grievance. 6. With this observation and direction, the writ petition stands
disposed of. Sd/- (Amitendra Kishore Prasad) Raghu Jat Judge