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2024 DIGILAW 421 (MP)

REKHA NAMDEV KAUSHAL v. STATE OF Madhya Pradesh

2024-05-14

VISHAL DHAGAT

body2024
ORDER : (Vishal Dhagat, J.) Petitioner has filed this petition under Article 226 of Constitution of India challenging order dated 25-4-2023 (Annexure-P/11). 2. It is submitted that petitioner is working as Nursing Sister. Nomenclature of post Nursing Sister is changed to Senior Nursing Officer vide order dated 24-11-2021 passed by Avar Sachiv, Government of M. P., Public Health and Family Welfare Department Bhopal. It is submitted that 18 posts of Nursing Sister are vacant at Jabalpur, therefore, petitioner made a request that she may be accommodated against said post and transferred to Jabalpur. It is submitted that Senior Nursing Officers, who are similar circumstanced has been transferred to Jabalpur as Nursing Sister. It is submitted that husband of petitioner is posted in Western Central Railway and he cannot be transferred to Gadarwara. Petitioner is also having other family problems and has a small child to look after. Representation of petitioner was considered by respondents and same was dismissed only on ground that there was no vacant post of Senior Nursing Officer at Jabalpur. 3. Government Advocate on going through order dated 24-11-2021 submitted that said order is passed by Avar Sachiv, Government of M. P. and as per said order, name of post of Nursing Sister has been changed to Senior Nursing Officer. In view of same, case of petitioner for his adjustment/accommodation at Jabalpur can be considered against vacant post of Nursing Sister. 4. Considering the aforesaid circumstances, order dated 25-4-2023 contained in Annexure-P/11 is set-aside. Matter is remanded back to Director (Nursing), Directorate of Health Services Madhya Pradesh to reconsider the representation of petitioner in light of order dated 24-11-2021 passed by Avar Sachiv, Government of Madhya Pradesh, Public Health and Family Welfare Department. 5. Counsel for petitioner is directed to file a fresh representation along with copy of order dated 24-11-2021 and other relevant documents before Respondent No. 2-Director (Nursing). On filing said representation, Respondent No. 2 is directed to consider the case of petitioner sympathetically and decide the same within a period of 30 days from the date of receipt of representation and order be communicated to petitioner. 6. With aforesaid, petition stands disposed off. 7. Certified copy as per rules.