Smt. Chandrakala Lawtre v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1233 of 2017 Smt. Chandrakala Lawtre W/o Shri Nagesh Kumar Lawtre, Aged About 28 Years R/o Qtr. No.58, Jawahar Nagar, Police Station Mohan Nagar, District Durg, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary Department Of Revenue & Disaster Management, Mantralaya, Mahanadi Bhawan, New Raipur, (Chhattisgarh)

2. Collector, Gariyaband, District Gariyaband, (Chhattisgarh)

3. Sub Divisional Officer ( S. D. O.), Revenue Gariyaband, District Gariyaband, (Chhattisgarh) ---- Respondents For Petitioner : Mr. Kashif Shakeel, Advocate For State : Mr. R.K. Mishra, Dy. A.G., on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/03/2017 Heard.

1.

The grievance of the petitioner is that even though the petitioner has been transferred vide order dated 21.07.2016 by the State Government, the petitioner is not being relieved.

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.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or

-2keep in abeyance.

4.

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 towards implementation, execution of the transfer order. Sd/- (Manindra Mohan Shrivastava) Judge Rekha