Smt. Manju Dhruv v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2433 of 2020 Smt. Manju Dhruv S/o Anup Kumar Dhruv Aged About 34 Years Presently Working As Fisheries Inspector, In The Office Of Assistant Director, Fisheries, Kondagaon, District- Kondagaon, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Fisheries Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, DistrictRaipur, Chhattisgarh.

2. Director, Directorate, Fisheries Department, Indrawati Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.

3. Collector, Kondagaon, District- Kondagaon, Chhattisgarh.

4. Assistant Director, Fisheries Department, Kondagaon, DistrictKondagaon, Chhattisgarh. ----Respondents For petitioner - Shri C. Jayant K. Rao, Advocate. For State- Shri Siddharth Dubey, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 26/06/2020 1.

The grievance of the petitioner is that though the transfer order/letter has been issued on 23/08/2019 yet the petitioner is not being relieved.

2.

Once there is an order of transfer, unless the State Government, itself modified/cancelled or kept in abeyance, all subordinate authorities are obliged under the law to comply with the order. 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 cancelled.

4.

Therefore, in these circumstances, this petition is disposed off with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the order dated 23/08/2019 unless the State has modified, varied or cancelled the impugned transfer order. Sd/- (Goutam Bhaduri) JUDGE gouri