Poshan Lal Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 279 of 2018 Poshan Lal Yadav S/o Shri Sahdev Yadav, Aged About 30 Years Working As Pharmacist Grade - I I , At Primary Health Centre Kusmi, District Bemetara Chhattsigarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh.

2. Chief Medical And Health Officer, Bemetara District Bemetara Chhattisgarh. ---- Respondents For Petitioner : Shri Ajay Shrivastava, Advocate For Respondent-State : Shri Chandresh Shrivastava, PL S.B.:Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/01/2018 Heard on admission.

1.

This petition has been filed by the petitioner for issuance of direction to respondent-transferring authority to relieve him on the grievance that though the transfer order has been issued by the State Government on 13.08.2017, till date, he has not been relieved.

2.

The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, wherein relying upon several judgment of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be executed, unless it is modified, varied or cancelled by the State Government itself.

3.

Therefore, in these circumstances, this petition is disposed off with the direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of order dated 13.08.2017, unless the State has not modified, varied or cancelled the impugned transfer order.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha