Manoj Kumar Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6358 of 2016 • Manoj Kumar Dhruv S/o Shri Lakhan Lal Dhruv Aged About 30 Years Occupation Assistant Veterinary Field Officer, At Present Posted At Outline Dispensary Chibrra, P. S. Chibrra District Mahasamund (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Agriculture, Husbandary Development And Fisheries Mantralaya, Mahanadi Bhawan, Naya Raipur, P. S. Abhanpur, District Raipur (Chhattisgarh)

2. Collector, Mahasamund District Mahasamund (Chhattisgarh)

3. Deputy Director, Veterinary Services, Mahasamund P. S. Mahasamund District Mahasamund (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Ms. Deepali Pandey, Advocate For State :

Mr. D.R. Minj, Dy. Government Advocate on advance copy --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/11/2016 Heard on admission.

1.

The petitioner has filed this petition on the grievance that even though the State Government has passed the transfer order on 23.07.2016, he is not being relieved.

2.

The order of transfer shows that there is no condition with regard to relieve, but on the contrary, order clearly shows that petitioner shall be treated having been relieved after 15 days and in the event of noncomplinace of the order, concerned controlling authority shall be subjected to disciplinary action.

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 complied with unless it is modified, varied or cancelled. 3.

In view of the aforesaid, unless the transfer order is cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the same is required to be complied with.

4.

In fact, the petitioner is to be treated as relieved to join at the new place of posting. The petitioner shall be relieved forthwith and allowed to join at the new place of posting in compliance of the transfer order. 5.

With the aforesaid direction / observation, the petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra