Nongmeikapam Achow Singh v. State of Manipur and Anr.
2006-08-30
T.NANDA KUMAR SINGH
body2006
DigiLaw.ai
Heard Mr.I.Lalitkumar, learned senior counsel assisted by Mr.Niranjan, learned counsel for the petitioner as well as Mr.R.S.Reisang, learned GA for the respondents. 2. Taking into consideration of the nature of this writ petition, the same is disposed of at this stage. 3. The petitioner is at present working as Deputy Director in the Directorate of Health Services, Government of Manipur. It is said that the petitioner is now suffering from serious ailment like coronary arterial disease. It is said that for such ailment the petitioner is required to be treated by the specialist and service of specialist is only available at the RIMS. Service of the Specialist i.e. cardiologist is not available at the Tamenglong, where the petitioner is to work as a Senior Medical Officer at DTO Hospital Tamenglong under the impugned transfer & posting order dated 24.7.2006, copy of which is available at Annexure-A/5 to the present writ petition. 4. It is also submitted by learned senior counsel for the petitioner that under the Medical Attendance Rules, service of specialist should be made available to the employee who is required to be treated by the specialist but admittedly, where the petitioner is to be posted under the impugned transfer and posting order, service of specialist i.e. Cardiologist is not available. Such being the situation, the petitioner approached the Commissioner, Health by filing representation dated 8.8.2006 for reviewing the impugned transfer & posting order dated 24th July, 2006 so as to enable the petitioner to continue to serve as Deputy Director in the Directorate of Health Services, Manipur or anywhere at Imphal, where the services of the cardiologist is available. It is also said that since the petitioner is on leave granted by the competent authority, the petitioner has not yet joined the new place of posting i.e. at Tamenglong in pursuance of the said impugned transfer & posting order dated 24.7.2006. 5.
It is also said that since the petitioner is on leave granted by the competent authority, the petitioner has not yet joined the new place of posting i.e. at Tamenglong in pursuance of the said impugned transfer & posting order dated 24.7.2006. 5. Taking into consideration of the case of the petitioner and also the submission of learned senior counsel for the petitioner, and the relevant provisions of the Medical Attendance Rules, this writ petition is disposed of by directing the respondents to consider the said representation of the petitioner dated 8.8.2006 by taking into consideration of the relevant provisions of the Medical Attendance Rules, under which the service of the medical specialist should be made available to the employees who need of the specialist service as expeditiously as possible, but not later than 4 (four) weeks from the date of receipt of certified copy of this judgment and order. 6. Pending disposal of the said representation, the present posting of the petitioner as Deputy Director in the Directorate of Medical & Health Services, Manipur shall not be disturbed.