Smt Radha Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2806 of 2017 Smt.Radha Gupta W/o B.B. Gupta Aged About 40 Years Presently Working As Head Master, At Present Posted At Government Middle School Sumerpur, Block Lundra, District Ambikapur, C.G. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanand Bhawan Naya Raipur, District Raipur (Chhattisgarh).

2. The District Education Officer, District Ambikapur, Ambikapur, C.G.

3. Block Education Officer, Block Lundra, District Ambikapur, C.G. ---- Respondents For Petitioner : Mr. Sanjay Agrawal, Advocate For State : Mr. Manish Nigam, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 06/07/2017 Heard.

1. The petitioner has filed this petition for issuance of direction to respondent-transferring authority to relieve her on the grievance that though the transfer order has been issued by the State Government on 30.07.2016, till date she 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 30.07.2016, unless the State has not modified, varied or cancelled the impugned transfer order.

Sd/- (P.Sam Koshy) J U D G E Praveen