Gayatri Paikra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6351 of 2016 Gayatri Paikra W/o Shri Rakesh Singh Paikra Aged About 28 Years R/o Ward No. 20 Baikunthpur Distt.- Korea, (Chhattisgarh). ---- Petitioner

Versus

1. State Of Chhattisgarh Through-The Secretary, Health, Mahanadi Bhavan Mantralaya, Naya Raipur, District Raipur, (Chhattisgarh).

2. Collector Korea, Distt.- Korea, (Chhattisgarh).

3. Chief Medical Officer District Hospital Baikunthpur Distt.-Korea, (Chhattisgarh). ---- Respondents For Petitioner :

Shri Ajit Singh, Advocate For State :

Shri R.K. Gupta, Dy.A.G.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/11/2016 Heard on admission.

1. The grievance of the petitioner is that even though the petitioner has been transferred vide order dated 30th July, 2016 passed by the Collector, the petitioner is not being relieved. It is stated that till date, the transfer order has not been stayed, varied or modified by the transferring authority.

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. 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

-2abeyance.

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 till date, the petitioner would be required to be relieved towards implementation, execution of the transfer order. Sd/--- (Manindra Mohan Shrivastava) Judge Praveen