HARILAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. Challenge in this petition is to order dtd. 30/9/2022 (Annexure P-1) whereby the petitioner who is working as Pharmacist Grade-I and posted in the Office of Chief Medical and Health Officer, Kabirdham, has been transferred and posted at Community Health Centre, Manpur, District-Rajnadgaon.

(2.) Learned counsel for the petitioner would submit that in the impugned transfer order, name of the petitioner has wrongly been mentioned as Hariram Sahu, however, his name is Harilal Sahu. Petitioner is holding substantive post of Pharmacist Grade-I, whereas, petitioner is transferred treating him as Pharmacist Grade-II and, therefore, impugned transfer order so far as it relates to the petitioner is per se illegal. He also contended that after issuance of transfer order, petitioner obtained post set up of the Community Health Centre, Manpur where petitioner is transferred and as per set up, there is no sanctioned post of Pharmacist Grade-I. Therefore, impugned transfer order is to be cancelled automatically in view of special note No. 3 under Clause 3 of the Transfer Policy. Petitioner has not been relieved till date from his present place of posting.

(3.) Learned counsel for the State would submit that petitioner is a Govt. servant holding transferable post, hence, has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by competent authority on administrative ground. Hence, it does not call for any interference. However, if the petitioner is aggrieved in any manner with his transfer, he can very well file representation before the Committee constituted by the State Govt. under Transfer Policy to consider grievance of employee against transfer.