Ku. Pushpa Nag v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6544 of 2016 • Ku. Pushpa Nag D/o Shri C Nag, Aged About 26 Years Presently Working As Radiographer At Community Health Center, Gangaloor, Distirct Bijapur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Thorugh The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Ministy New Raipur Chhattisgarh

2. Chief Medical And Health Officer, Bijapur, Distirct Bijapur Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Somkant Verma, Advocate For State :

Mr. R.K. Gupta, Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/12/2016 Heard on admission.

1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 30.07.2016, he is not being relieved.

2.

Learned State counsel submits that the petitioner is posted at a sensitive place in core scheduled area and if the reliever of the petitioner has not come, relieving of the petitioner may adversely affect the administrative exigency.

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 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.

4.

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.

5.

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 forthwith towards implementation, execution of the transfer order.

6.

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