High Court Of ChhattisgarhWPS/5475/2017disposed off

Smt. Satobai Tandan v. State Of Chhattisgarh

2017-10-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5475 of 2017 Smt. Satobai Tandan W/o Shri Brijlal Tandan, Aged About 50 Years Presently Working As Veterinary Attendant At Veterinary Dispensary Bavankera, Police Station Patewa, District Mahasamund Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Undersecretary, Department Of Veterinary, Development, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur Chhattisgarh.

2. Director Of Veterinary Sevices, Chhattisgarh Capital Complex, Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh.

3. Deputy Director, Veterinary Services Mahasamund, District Mahasamund Chhattisgarh.

4. The Collector Mahasamund, District Mahasamund Chhattisgarh. ---- Respondents For Petitioner : Shri A.K. Yadav, Advocate For State :

Shri Avinash Singh, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/10/2017 Heard on admission.

1. The petitioner has filed this petition for issuance of direction to the respondent / transferring authority to relieve her on the grievance that though the transfer order has been issued by the State Government, 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 judgments of

-2the 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 not modified, varied or cancelled the impugned transfer order. As posting of an officer in scheduled area is an administrative exigency and public interest and another employee has been posted, it shall be ensured that one who has been posted joins, failing which, appropriate disciplinary action will have to be taken unless the transfer is stayed or kept in abeyance either by the Govt. or by the Courts.

Sd/-- (Manindra Mohan Shrivastava) Judge Praveen