Vishnu Prasad Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2052 of 2018 • Vishnu Prasad Yadav S/o Sunhar Lal Yadav Aged About 38 Years Presently Working As Assistant Veterinary Field Officer At Veterinary Hospital, Navagarh, Police Station Gariaband, District Gariaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh ---- Petitioner

Versus

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

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

3. Deputy Director Veterinary Services Gariaband District Gariaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh

4. The Collector Gariaband District Gariaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh ---- Respondents For Petitioner :

Shri A. K. Yadav, Advocate For Respondent/State :

Shri S. Majid Ali, Dy.GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/03/2018 Heard on admission.

1.

This petition has been filed by the petitioner for issuance of direction to respondent-transferring authority to relieve him on the grievance that though the transfer order has been issued by the State Government on 14-08-2017, 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. As posting of an officer in scheduled area is on 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 Government or by the Courts.

SD/- (Manindra Mohan Shrivastava) Judge Tumane