Smt. Elishaba Lakra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2722 of 2015 • Smt. Elishaba Lakra Wd/o Late Anant Ram Aged About 59 Years Assistant Grade II, OfÏce Of Assistant Director, Fisheries Department Near BTI, District Bemetara Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Fisheries Deptt. Mahandi Bhavan, Naya Raipur Chhattisgarh

2. Collector District Bemetara Chhattisgarh

3. Assistant Director Fisheries Department Near BTI, District Bemetara Chhattisgarh

4. Assistant Director Fisheries Department District Raigarh Chhattisgarh ---- Respondent For Petitioner Mr. Raja Sharma, Advocate For Respondent /State Mr. P.K. Bhaduri, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra C A V Order 9/9/2015 This petition has been preferred seeking a direction to the respondents to relieve the petitioner from Bemetara and allow her to join at Raigarh in view of the transfer order dated 15.07.2014. (2) By placing reliance upon the decision of the Supreme Court in Sreedam Chandra Ghosh vs. State of Assam and others, (1996) 10 SCC 567, and the decision rendered by the coordinate Bench of this Court in Smt. Mayanka Upadhyaya vs. State of Chhattisgarh and

others (W.P.(S) 5913 of 2014 decided on 2.3.2015), it has been argued that that once the transfer order is passed, its execution cannot be withheld for any reason whatsoever.

(3) The decision of Sreedam Chandra Ghosh (supra) and Smt. Mayanka Upadhyaya (supra) squarely applies to the facts of the present case, therefore, the writ petition is allowed in terms of the aforesaid decisions.

(4) For the foregoing, the respondents are directed to relieve the petitioner forthwith from Bemetara so as to enable her to join at the transferred place i.e. Raigarh.

Sd/- Judge (Prashant Kumra Mishra) Gowri