High Court Of ChhattisgarhWPS/4175/2018disposed off

Upendra Kumar Sahu v. State Of Chhattisgarh

2018-06-27Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4175 of 2018 • Upendra Kumar Sahu S/o Shri Likeshwar Prasad Sahu Aged About 27 Years Presently Working As M.P.W.(Male) At Sub - Health Center Karljhar, Community Health Center Mainpur, District Gariyaband Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through: The Secretary, Health And Family Welfair Department, Mahanadi Bhawan, Ministry New Raipur Chhattisgarh.

2. Chief Medical And Health Officer, Gariyaband District Gariyaband Chhattisgarh.

---- Respondents For Petitioner : Shri Somkant Verma, Advocate For Respondents : Shri R.K. Gupta, Dy. Advocate General Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.06.2018

1. Heard.

2. This petition has been filed by the petitioner for issuance of direction to respondent-transferring authority to relieve him on the grievance that though the transfer order has been issued by the State Government on 27/03/2018, till date, he has not been relieved.

3. The petitioner is working as M.P.W. (Male) posted at Sub-health Center Karljhar, Community Health Center Mainpur, District - Gariyaband.

4. The issue regarding implementation of transfer order has been considered by this Court in the matter 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 executed, unless it is modified, varied or cancelled by the State Government itself.

5. The matter in issue is squarely covered by the aforesaid order and also by the recent order passed by this Court on 21.06.2018 in Writ Petition (S) No. 4085/2018.

6. Therefore, in these circumstances, this petition is disposed off with the direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of order dated 27/03/2018 passed by the State Government, unless the State has modified, varied or cancelled the impugned transfer order.

Sd/- (Sharad Kumar Gupta) JUDGE kishore