High Court Of ChhattisgarhWPS/9032/2019disposed off

Atma Ram Markam v. State Of Chhattisgarh

2019-11-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9032 of 2019 • Atma Ram Markam S/o Late Shri Charau Ram Markam Aged About 48 Years Working As Supervisor In Community Health Center, Saja, District Bemetara Chhattisgarh. R/o Village And Post Karaiha, Tahsil Nagari, District- Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary Department Of Health And Family Planning Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh

2. Director Of Health Services Indrawati Bhawan, Atal Nagar District Raipur Chhattisgarh

3. Chief Medical And Health Officer Bemetara District Bemetara Chhattisgarh

4. Collector Bemetara District Bemetara Chhattisgarh ---- Respondents For Petitioner :

Shri M.K. Dubey, Advocate For Respondents/State :

Shri Kunal Das, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/11/2019

1. The present petition has been filed for issuance of a direction to respondenttransferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government, till date, the petitioner has not been relieved.

2. The contention of the petitioner is that though the petitioner was transferred vide order dated 23.08.2019, however till date has not been relieved for joining at the transferred place.

3. 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 by the State Government itself.

4. Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned. Sd/- Goutam Bhaduri Judge Ashu