Smt. Shraddha Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 519 of 2020 Smt. Shraddha Yadav W/o Shri Golu Ram Yadav Aged About 49 Years Posted As Teacher (L.B.), At Government Middle School, Akoli, BlockBerla, District Bemetara, Chhattisgarh, Resident Of Ward No. 3, Gali No. 1, Math Para, District Durg Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, School Education Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh,

2. District Education Officer Bemetara, District- Bemetara Chhattisgarh.

3. Block Education Officer Berla, District- Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh --- Respondent For the Petitioner : Mr. Ishan Verma, Advocate.

For the State/Respondents : Mr. Ravish Verma, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board -01-2020

1. The grievance of the petitioner is that though the transfer order has been issued on 01.10..2019, the petitioner is not being relieved.

2. Once there is an order of transfer, unless the State Government, itself modified/cancelled or kept in abeyance, all subordinate authorities are obliged under the law to comply with the order.

3. The issue regarding implementation of transfer order has been considered by this Court in case of Ms. Manisha Agrawal v. state of Chhattisgarh and others, 2015 (4) CGLJ 182 wherein relying upon several decisions of 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.

4. Therefore, in these circumstances, this petition is disposed off with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the order dated 01.10.2019 unless the State has modified, varied or cancelled the impugned transfer order.

Sd/- GOUTAM BHADURI JUDGE Rao