Smt. Padmini Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4932 of 2016 • Smt. Padmini Sahu W/o Shri Akeshwar Prasad Sahu, Aged About 30 Years Presently Posted & Working As Asstt. Veterinary Field Officer, Old Binjhara, Block Pondiuproda District Korba (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through The Secretary, Livestock Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh) • Collector, District Korba (Chhattisgarh) • Deputy Director, Veterinary Services, Government Of Chhattisgarh, Korba (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. V.V.S. Murthy, Senior Advocate assisted by Mr. Sushil Dubey, Advocate For State :

Mr. S.P. Kale Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/09/2016 Heard on admission.

1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 23.07.2016, she 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 keep 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 Chandra