Smt. Meenu Rai v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5267 of 2016 Smt. Meenu Rai W/o Himanshu Rai, Aged About 29 Years Working As Assistant Grade Ill At Government Higher Secondary School, Geedam, South Bastar, Distirct Dantewada, R/o Gayatri Nagar, Geedam, Distirct Dantewada Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh The Secretary, School Educaiotn Department, Mahanadi Bhawan, Secreariat New Raipur Distirct Raipur Chhattisgarh
2. The Collector, South Bastar, Distirct Dantewada Chhattisgarh
3. The District Education Officer, South Bastar, Distirct Dantewada Chhattisgarh
4. The Principal, Govt. Higher Secondary School Geedam, South Bastar, Distirct Dantewada Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :
Mr. Sameer Behar, Advocate For State :
Mr. Shangharsh Pandey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/09/2016 Heard on admission.
1.
The petitioner has filed this petition on the grievance that though the transfer order has been issued on 30.07.2016, 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 Tiwari