Narendra Kumar Jain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7190 of 2017 Narendra Kumar Jain S/o Shri Tansukh Lal Jain, Aged About 36 Years Assistant Medical Officer, Primary Health Center, Benur, District Narayanpur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfair Department, Mahanadi Bhawan, Ministry New Raipur Chhattisgarh.

2. Chief Medical And Health Officer, District Narayanpur Chhattisgarh. ---- Respondents For Petitioner : Mr. Somkant Verma, Advocate For State : Mr. Dheeraj Wankhede, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/01/2018 Heard.

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 12.08.2017, 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 executed, 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 dated 12.08.2017, unless the State has not modified, varied or cancelled the impugned transfer order.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha