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High Court Of ChhattisgarhWPS/1470/2018disposed off

Ku. Geeta v. State Of Chhattisgarh

2018-02-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1470 of 2018 Ku. Geeta, D/o Shri Ramesh Aged About 32 Years Working As Staff Nurse At Primary Health Centre Maro 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. ---- Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/02/2018 Heard on admission.

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 12.08.2017, she is not being 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 judgments 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.

3. Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

-24. Accordingly, this petition is disposed of with the direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order. Sd/--/-----/- (Sanjay K. Agrawal) Judge Praveen