Smt. Jyoti Namdeo v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3010 of 2016 Smt. Jyoti Namdeo, W/o Kamta P. Namdeo, Aged About 40 Years, R/o Qtr. No. B- 187, Rama Green City, Khamtarai Road, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh
2. Chief Executive Officer, Zila Panchayat Bilaspur, District Bilaspur Chhattisgarh,
3. Principal, Government High School Lophandi, Block Bilha, District Bilaspur Chhattisgarh ----Respondents For petitioner - Ms. Ruchi Nagar, Advocate.
For State- Ms. Akansha Jain, Dy.G.A.
For respondent No.2- Shri S.B. Pandey, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 02/07/2020 Heard.
1.
The petitioner was transferred by an order dated 30/05/2016 (Annexure P-4) from Government Girls Middle School, Lakhram, Block Bilha to Government Middle School, Lophandi, Block Bilha. Pursuant to such transfer she joined on 2/06/2016 (Annexure P-5). Thereafter on the basis of order passed by the Chief Secretary on 30/06/2016 (Annexure P-2) said transfer was cancelled by Annexure P-1 dated 5/07/2016. 2.
It is contended that the petitioner since has joined and executed the transfer order, the same could not be cancelled. Reliance is also placed in a judgment of this court passed in W.A. No.232/2017 in between Smt. Vijaya Ogar Vs. State of Chhattisgarh & ors.
3.
Heard learned counsel for the parties.
4.
After perusal of the record it shows that the petitioner had joined the
place of transfer after order was issued and transfer having been executed, same could not have been cancelled by the impugned order Annexure P-1 dated 5/07/2016. Transfer once has been executed, same cannot be cancelled. Further taking into fact that considerable time has passed since 2016 and by the interim order said Annexure P-1 dated 5/07/2016 was already stayed, in the facts of this case, Annexure P-1 dated 5/07/2016 is quashed. The State shall be at liberty in future to pass appropriate order in case situation so warrants. 5.
Accordingly, the petition stands allowed to the above extent. Sd/- (Goutam Bhaduri) JUDGE gouri