High Court Of ChhattisgarhWPS/1877/2020disposed off

Smt. Sukhmati Chouhan v. State Of Chhattisgarh

2020-05-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1877 of 2020 • Smt. Sukhmati Chouhan W/o Shri Goutam Prasad Chouhan Aged About 35 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Farswani, Block Sarangarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education , Mahanadi Bhawan, Mantralaya, Atal Nagar , Nawa Raipur , District Raipur Chhattisgarh

2. Collector Raigarh , District Raigarh Chhattisgarh

3. District Education Officer Raigarh , District Raigarh Chhattisgarh

4. Block Education Officer Block Sarangarh, District Raigarh Chhattisgarh

5. Head Master Government Primary School Farswani, Block Sarangarh , District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Shri U.P.S. Sahu, Advocate For Respondents/State :

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/05/20

1. The present petition has been filed for issuance of a direction to respondenttransferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government whereby the petitioner has been transferred from Government Primary School Farswani, Block Sarangarh, District Raigarh to Government Primary School Hirri, Block Baramkela, District Raigarh by order dated 12.07.2019, but till date, the

petitioner has not been relieved.

2. The contention of the petitioner is that though the petitioner was transferred vide order dated 12.07.2019, however till date has not been relieved for joining at the transferred place.

3. 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 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 by the State Government itself.

4. Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned. Sd/- Goutam Bhaduri Judge Ashu