Smt. Leena Thakkar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1186 of 2020 Smt. Leena Thakkar, W/o. Shri Madhur Thakkar, Aged About 34 Years, Posted As Asst. Teacher (L.B.) At Government Primary School Mouhapali Block Sarangarh, District Raigarh, Civil And Revenue District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of School Education, Mahanadi Bhavan, Mantralay Naya Raipur, District Raipur Chhattisgarh.

2. Collector Raigarh, District Raigarh Chhattisgarh.

3. District Education Officer, Raigarh, District Raigarh Chhattisgarh.

4. Block Education Officer, Block Sarangarh, District Raigarh Chhattisgarh.

5. Head Master, Government Primary School Mouhapali Block Sarangarh, District Raigarh Chhattisgarh.

----Respondents For Petitioner :

Mr. Rajendra Tripathi, Advocate.

For State/Respondents :

Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order O n Board 24.02.2020 1.

The present petition has been filed for issuance of a direction to respondent-transferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government, till date the petitioner has not been relieved. 2.

The contention of the petitioner is that though the petitioner was transferred vide order dated 12.07.2019 from Govt. Primary School Mouhapali, Block Sarangarh to Govt. Primary School Labour Colony, Jute Mill, Raigarh, however till date she has not been relieved for joining at the transferred place.

3.

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 canceled by the State Government itself.

4.

Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned.

Sd/- (Goutam Bhaduri) JUDGE ashok