Savita Rani Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7064 of 2017 • Savita Rani Yadav W/o Shri Aswani Yadav Aged About 27 Years R/o Near Aslam Garage, Infront Of Maharshi School, Rajendra Nagar, Tahsil, Police Station Civil Line, Tahsil & District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through its Secretary, Department of Schedule Caste and Schedule Tribe Development Department, Mahanadi Mantralaya, Police Station & Post- Rakhi, New Raipur, District Raipur, Chhattisgarh.

2. Assistant Commissioner Office Of Assistant Commissioner, Tribal Development Department, Korba, District Korba, Chhattisgarh.

3. Ku. Astha Chandrakar, D/o Shri Madhav Chandrakar Aged About 25 Years Hostel Superintendent, At Pre Metric Adiwasi Kanya Chhatrawas, Bilha, District Bilaspur, Chhattisgarh. ---- Respondents For Petitioner Ms. S. S. Rathore, Advocate For Respondent-State Shri R. K. Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/12/2017 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, she 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 respondent authorities 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 Nirala