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High Court Of ChhattisgarhWPS/7095/2016disposed off

Ku. Bhuneshwari Nayak v. State Of Chhattisgarh

2017-01-02Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7095 of 2016 Ku. Bhuneshwari Nayak D/o H. S. Nayak, Aged About 26 Years Presently Working As Assistant Veterinary Field Officer, At Present Posted At Outline Dispensary Tendukona, P.S. Tendukona, Tahsil Bagbahara, Distt. Mahasamund, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Husbandary Development And Fisheries, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, (Chhattisgarh)

2. The Collector, Mahasamund, Distt. Mahasamund, (Chhattisgarh)

3. The Deputy Director, Veterinary Services, Mahasamund, Distt. Mahasamund, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Sanjay Agrawal, Advocate For State :

Shri B. Gop Kumar, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 02/01/2017 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 non compliance of the order, concerned controlling authority shall be subjected to disciplinary action.

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.

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.

5.

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. 6.

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

Sd/- (Manindra Mohan Shrivastava) Judge Rekha