Smt. Sampda Bais v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4350 OF 2015 Smt. Sampda Bais, wife of Shri Amit Kashyap, aged about 34 years, Presently working as Assistant Professor, Govt. Kaktiya P.G. College, Jagdalpur, District Bastar, Chhattisgarh.

---Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Higher Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

2. Commissioner, Jagalpur, Bastar Division, District Bastar, Chhattisgarh.

3. Collector, Bastar, District Bastar, Chhattisgarh.

4. Principal, Govt. Kaktiya P.G. College, Jagdalpur, District Bastar, Chhattisgarh.

5. Anjali Dhruv, Assistant Professor, Govt. J.Yoganandan P.G. College, Raipur, Chhattisgarh.

----Respondents For Petitioner :

Mr. C.J.K. Rao, Advocate For State/Respondents :

Mr. Suvigya Awasthi, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 23/11/2015 1.

The petitioner has been transferred from Jagdalpur to Raipur by order dated 19.10.2015 (Annexure-P/1). Thereafter, the petitioner has not been relieved to join at the new place of posting and even the petitioner has made requests in this regard, but no action has been taken till date. Learned counsel submits that once the order of transfer has been passed, it is for the Government to ensure that it is complied with immediately. Learned counsel relies on a decision of the Supreme Court in Sreedam Chandra Ghosh v. State of Assam & others1 in support of his contention that if the order is not complied with, a direction can be issued for enforcement thereof. 1 (1996) 10 SCC 567

2.

Learned counsel appearing for the State submits that if the transfer order dated 19.10.2015 (Annexure-P/1) is still in existence and has not been complied with; appropriate steps would be taken to comply with the order. 3.

Accordingly, the respondents are directed to ensure that the petitioner is relieved from the present place of posting to the place where he has been transferred subject, however, to compliance of any other administrative instructions issued by the State Government regarding relieving of an employee working in the scheduled area. If the relieving of the petitioner is permissible under the extant guidelines/circulars, the petitioner shall be relieved within a period of 2 weeks from the date of receipt of a copy of this order. However, if the relieving is not permissible, the petitioner shall be informed by communication.

4.

Accordingly, the writ petition is disposed of. Sd/- (Sanjay K. Agrawal) JUDGE Tiwari