Smt. Anita Biswas v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 956 of 2017 Smt. Anita Biswas W/o Devashish Biswas, Aged About 33 Years Presently Posted At Sub Health Centre Ruwad (Chhura), District Gariyaband (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through : Secretary, Health And Family Welfare Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)
2. Commissioner, Health Services, Chhattisgarh Government Old Nurses Hostel Raipur, Chhattisgarh.
3. Director, Directorate, Health Services, Indrawati Bhawan, Raipur (Chhattisgarh)
4. Chief Medical And Health Officer, Gariyaband, District Gariyaband Chhattisgarh.
5. Block Medical Officer, Community Health Centre, Chhura, District Gariyaband (Chhattisgarh) ---- Respondents For Petitioner :
Mr. Anukul Biswas, Advocate.
For State :
Mr. Satish Gupta, G.A. on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/02/2017 Heard.
1.
The grievance of the petitioner setout in the petition is that the transfer order dated 30th July, 2016 in favour of the petitioner is not being implemented and the petitioner is not being relieved though to the best information of the petitioner, State Govt. has neither stayed nor kept in abeyance, modified or varied the transfer order till date. 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 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.
3.
Unless the transfer order has been cancelled, varied or modified by the State Govt., the petitioner is required to be relieved. Let the concerned authority implement the transfer order and relieve the petitioner forthwith. 4.
The petition is accordingly finally disposed off with the observation and direction as above.
Sd/- (Manindra Mohan Shrivastava) Judge Rekha