Order on Board

17.12.2024

1. The petitioner has filed this petition seeking the following relief(s):-

“10.1 That, this Hon'ble Court may kindly be pleased to issue a suitable writ, order or suitable direction and to quash the impugned order dated 29.07.2024 (Annexure P/1) upto the extent giving charge of CMHO, Mohla- Manpur-Ambagarh Chowk C.G. to res. no.4 from the petitioner.

10.2 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.”

2. Learned counsel appearing for the petitioner would submit that the petitioner who is holding the post of Medical Officer cum In-charge Chief Medical and Health Officer, District Mohla-Manpur-Ambagarh Chowki has been transferred as Medical Officer, District Hospital Mohla-Manpur-Ambagarh Chowki vide order dated 29.7.2024 by respondent No.1 and respondent No.4, namely, Dr. Vijay Kumar Khobragade, Block Medical Officer, Community Health Centre, Ghumka, District Rajnandgaon has been transferred in the place of the petitioner. He would further contend that as per the seniority list of Medical Officers, the name of the petitioner is at Sr. No.15 whereas, respondent No. 4 is at Sr. No.183 and thus, respondent No.3 is junior to the petitioner. He would further submit that according to the circular issued by the State of Chhattisgarh dated 11.8.2011 at the time of the transfer, the charge of the office cannot be handed over to the Junior Officer. In support thereof, he placed reliance on the judgment passed by this Court in the matter of Dr. M.K. Naik vs. State of Chhattisgarh and Ors., WPS No. 9718 of 2018 dated 9.10.2018 wherein the charge of Civil Surgeon-cum-

Hospital Superintendent was taken away from a senior doctor.

3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would contend that the transfer is an incident of service. He would further submit that the petitioner has been posted at the present place of posting for 14 years. He would contend that the petitioner cannot retain the office at a place of his choice for an indefinite period. It is also contended that the petitioner has been transferred on account of administrative exigency and he is not a specialist, therefore, the petition deserves to be dismissed.

4. Learned counsel for respondent No. 4 would submit that the petitioner as well as respondent No. 4 are Medical Officers. He would further submit that it is not the case of the petitioner that he is a Specialist or Civil Surgeon. He would also submit that the State Government has changed the place of posting of many Medical Officers from one hospital to another hospital. He would further contend that no case is made out for interference with the transfer order and the petition may be dismissed.

5. I have heard learned counsel for the parties and perused the documents present on the record.

6. The transfer order dated 29.7.2024 (Annexure-P/1) would show that the petitioner has been transferred within the same District but he was having the charge of Chief Medical and Health Officer of the District. Respondent No. 4 was the Block Medical Officer and he has been given the charge of Chief Medical & Health Officer of the District. Undisputedly, the petitioner is Senior to respondent No.4. According to a circular issued by the State Government dated 11.8.2011 and one of the conditions of the transfer policy, at the time of the transfer, the charge should not be handed over to the Junior Officer.

7. It is not in dispute that the petitioner is posted at the present place of posting for more than 14 years and it is a well settled principle of law that the government servant has no right to remain posted at a place of his choice for an indefinite period.

8. Taking into consideration the fact that the charge of Chief Medical & Health Officer of District Mohla-Manpur-Ambagarh Chowki has been handed over to respondent No. 4, who is junior to the petitioner, therefore, the tran