High Court Of ChhattisgarhWPS/5559/2017disposed off

R.R. Diwan v. State Of Chhattisgarh

2017-10-25Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5559 of 2017 • R.R. Diwan S/o Late Salik Ram Diwan, Aged About 56 Years Presently Working As Assistant Veterinary Field Officer At Veterinary Dispensary Sirpur, P.S. Tumgaon, 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 Services, 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 ---- Respondent For Petitioner Shri Akath Kumar Yadav, Advocate.

For Respondents Shri Ramakant Mishra, Dy. A.G.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/10/2017

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, he is not being 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 Chhattigarh 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 cancelled.

3. Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4. Accordingly, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondents' authority shall relieve the petitioner towards implementation of the transfer order dated 14.08.2017.

5. It is also made clear that if any administrative exigency impede the petitioner's relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the issue of transfer on account of any administrative exigency.

Sd/- Judge Prashant Kumar Mishra Akhilesh