Dr. Maheshwar Nath Yogi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5110 of 2017 Dr. Maheshwar Nath Yogi S/o S/o Late Shri Laxminath Yogi, Aged About 59 Years R/o Nayapara, Balod, District Balod Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Management Department, Mantralaya, Mahanadi Bhawan, New Raipur, Distt. Raipur Chhattisgarh.

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

3. The Director, Directorate Of Health And Family Welfare, Indrawati Bhawan, New Raipur Chhattisgarh.

4. The District Ayurved Officer, Bastar District Bastar Chhattisgarh. ---- Respondents Shri Goutam Khetrapal, counsel for the petitioner/s. Shri Manish Nigam, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/09/2017 Learned counsel for the petitioner would submit that in view of the decision in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, unless the transfer order is modified, varied or cancelled by the State Government itself, only on the ground that the reliever has not come, execution of transfer order shall not be kept in abeyance. Petitioner's case should be examined by the Government.

Unless the Government decides cancellation or modification of the transfer order, the petitioner would be required to be relieved in view of the decision in the case of Ms. Manisha Agrawal (supra). Let the matter be considered and decided by the competent authority within a period of four weeks from the date of receipt of copy of this order. The petition is accordingly finally disposed off.