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High Court Of ChhattisgarhWPS/349/2020disposed off

Dharmpal Uike v. State Of Chhattisgarh

2020-01-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 349 of 2020 • Dharmpal Uike S/o Shri Udal Singh Uike Aged About 44 Years Presently Working As Rural Health Orgnizer/worker (M) M.P.W. At Sector Surdongar, Sub- Health Center, Madhania, Community Health Center, Doundi, District : Balod, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Health And Family Welfair Department , Mahanadi Bhawan, Atal Nagar , Nawa Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2.

The Collector Balod , District Balod Chhattisgarh., District : Balod, Chhattisgarh 3.

Chief Medical And Health Officer Balod , District Balod Chhattisgarh., District : Balod, Chhattisgarh ----Respondents For Petitioner - Mr. Somkant Verma, Advocate.

For State - Mr. Priyank Rathi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order 16.01.2020 1.

The present petition has been filed for issuance of a direction to respondent-transferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government, till date, the petitioner has not been relieved. 2.

The contention of the petitioner is that though the petitioner was transferred vide order dated 23.08.2019, however till date he has not been relieved for joining at the transferred place. 3.

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, 1 wherein relying upon several judgments of

1. 2015(4) C.G.L.J.182

the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled by the State Government itself. 4.

Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned.

Sd/- (Goutam Bhaduri) Judge yasmin