Writ Petition No. 28363 of 2023 · Madhya Pradesh High Court
Judgment
(SHRI JITENDRA VERMA, COUNSEL FOR THE PETITIONER . .....PETITIONER AND
THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC HEALTH AND FAMILY WELFARE VALLABH BHAWAN BHOPAL (MADHYA PRADESH) THE CHIEF MEDICAL AND HEALTH OFFICER MANDSAUR, DIST. MANDSAUR (MADHYA PRADESH) (CST) MADHYA THE ASSISTANT DIRECTOR PRADESH CONTROL ORGANIZATION, MINISTRY OF PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) STATE AIDS THE COLLECTOR MANDSAUR, DIST. MANDSAUR (MADHYA PRADESH) (MS. PRANJALI YAJURVEDI - P.L. FOR STATE) .....RESPONDENTS This petition coming on for admission this day, th e court passed the following: ORDER The petitioner who is working as Medical Officer on contract basis has Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 07-11-2023 17:21:45 2 challenged the order dated 4.10.2023 passed by respondent NO.3 whereby he has been transferred from the post of Medical Officer, District Hospital Mandsaur to District Hospital, Ratlam which is almost 10 kms. away from the present place of posting.
Petitioner has challenged the transfer order mainly on the ground that petitioner has been appointed on contract basis and as per clause-10 of terms and conditions of the contract which has been executed by the petitioner with Chief Medical and Health Officer, Mandsaur, he has been appointed for ART Center, Mandsaur and his services were non-transferrable. Counsel further submits that petitioner is aged about 68 years. As per norms of the Government, the total period of service on the aforesaid post is 70 years and petitioner has 15 months to go. He is suffering from high B.P. and other ailments. The petitioner has also submitted his representation (Annx.P/7).
After hearing learned counsel for parties, the present petition is disposed off with liberty to the petitioner to submit a representation before the Project Director of M.P.State Aids Control Organisation, Bhopal within 15 days from today and if such a representation is submitted along with relevant documents, the same shall be considered and decided by the Project Director of the respondent No.3 within a period of one month from the date of receipt of representation by passing a reasoned and speaking order considering clause -10 of the contract.
4. Taking into consideration that nobody is posted in place of the petitioner, till his representation is considered and decided, the impugned order dated 4.10.2023 so far as it relates to the petitioner shall remain stayed and petitioner shall be allowed to continue at present place of posting. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 07-11-2023 17:21:45 C.c. as per rules. 3 MK (VIJAY KUMAR SHUKLA) JUDGE Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 07-11-2023 17:21:45
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