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High Court Of ChhattisgarhWPS/5071/2016disposed off

Smt. Madhuri Karihar v. State Of Chhattisgarh

2016-09-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5071 of 2016 Smt. Madhuri Karihar W/o Shri Rajesh Karihar, Aged About 44 Years R/o 11- J- 100 Unit, Hirri Mines, Police Station Chakarbhata, Post Hirri, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mahanadi Bhawan, Police Station New Raipur, Tahsil Raipur, Civil & Revenue District Raipur (Chhattisgarh)

2. Director, Agriculture & Biotechnology, Mahanadi Bhawan, Police Station New Raipur, Tahsil Raipur, Civil & Revenue District Raipur (Chhattisgarh)

3. Joint Director, Agriculture And Biotechnology Department, Mungeli, Police Station & District Mungeli (Chhattisgarh)

4. Collector, Mungeli, Police Station, District Mungeli (Chhattisgarh) ---- Respondents Shri Vaibhav Goverdhan, counsel for the petitioner/s. Shri Sangharsh Pandey, Dy.G.A. for the State/ respondents. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/09/2016 Heard on admission.

1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 29.07.2016, 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 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. 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, this petition is disposed off with the direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order.

5.

The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti