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High Court Of ChhattisgarhWPS/2040/2018disposed off

Chetan Lal Sahu v. State Of Chhattisgarh

2018-03-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2040 of 2018 • Chetan Lal Sahu S/o Shri Punau Ram Sahu Aged About 36 Years Working On The Post Of Rural Health Organizer Sub- Health Center Kunkuri DistrictJashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Under Secretary State Of Chhattisgarh, Health And Family Welfare Department Mahanadi Bhawan Mantralaya, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Collector, Jashpur, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

4. Chief Medical And Health Officer, Jashpur, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Ms. Neha Verma, 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 13-08-2017, 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.

SD/- (Manindra Mohan Shrivastava) Judge Tumane