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High Court Of ChhattisgarhWPS/2335/2020disposed off

Neetu Sharma v. State Of Chhattisgarh

2020-06-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2335 of 2020 Neetu Sharma W/o Shri Utsav Sharma Aged About 40 Years Working As Lecturer R/o SMIG-29, Ring Road No. 2 Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

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

2. The Collector, Bilaspur, District Bilaspur Chhattisgarh

3. The District Education Officer, Bilaspur, District Bilaspur Chhattisgarh

4. The Principal, Government High School Amne, Block Kota District Bilaspur Chhattisgarh

5. The Principal, Govt. Higher Secondary School, Tarbahar, District Bilaspur Chhattisgarh ----Respondents For Petitioner :

Mr. K.K.Pandey, Advocate.

For State/Respondents :

Mr. Vikram Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order O n Board 22.06.2020 Heard 1.

The grievance of the petitioner is that the petitioner stands transferred by order dated 21.08.2019 from Govt. High School Amne, Block Kota, District Bilaspur to Govt. Higher Secondary School Tarbahar, District Bilaspur but till date the respondent No.4 has not relieved the petitioner.

2.

Learned counsel for the petitioner submits that the petitioner though was transferred vide order dated 21.08.2019, however till date she has not been relieved for joining at the transferred place. He further submits that the representation has been made, however, the same has not been adhere to.

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 canceled 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 Ashok