Hitesh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1159 of 2018 Hitesh Kumar S/o Hemant Kumar Aged About 30 Years Working As Staff Nurse, At Community Health Centre Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Petitioner

Versus

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

2. Chief Medical And Health Officer, Bemetara District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Respondents 1.

For Petitioner :

Mr. Ajay Shrivastava, Advocate.

For State :

Mr. Dheeraj Wankhede, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/ 02/2018 Heard.

1. The petitioner has filed this petition for issuance of direction to respondenttransferring authority to relieve him on the grievance that though the transfer order has been issued by the State Government, 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 complied with 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 (Annexure P/1) unless the State has modified, varied or cancelled the impugned transfer order. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha