High Court Of ChhattisgarhWPS/9067/2019disposed off

Ku. Deepti Soni v. State Of Chhattisgarh

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

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9067 of 2019 Ku. Deepti Soni Daughter of Shri Goverdhan Soni Aged About 40 Years Occupation- Teacher (LB) At Government Middle Girls Higher School (Aashram) Hatkari, Bhanupratappur, North Bastar- Kanker District- North Bastar Kanker Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through- Secretary, School Education Department , Mahanadi Bhawan, Atal Nagar New Raipur District : Raipur, Chhattisgarh

2. The Director Directorate Of Public Instructions, Indrawati Bhawan Atal Nagar District- Raipur District : Raipur, Chhattisgarh

3. Upper Secretary Sc And St Development Department, Mahanadi Bhawan, Atal Nagar New Raipur , District : Raipur, Chhattisgarh

4. The Collector North Bastar Kanker District-Kanker , District : Kanker, Chhattisgarh

5. The District Education Officer North Bastar Kanker District-North Bastar Kanker , District : Kanker, Chhattisgarh

6. The District Education Officer District - Dhamtari, District : Dhamtari, Chhattisgarh

7. The Block Education Officer Block-Bhanupratappur, North Bastar Kanker District-North Bastar Kanker Chhattisgarh.

--- Respondents For the Petitioner : Mr. Tanmay Thomas Advocate For the Respondents : Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board -11-2019

1. The grievance of the petitioner is that though the transfer order/ letter has been issued on 22.08.2019, the petitioner is not being relieved.

2. Once there is an order of transfer, unless the State Government, itself modified/cancelled or kept in abeyance, all subordinate

authorities are obliged under the law to comply with the order.

3. The issue regarding implementation of transfer order has been considered by this Court in case of Ms. Manisha Agrawal v. state of Chhattisgarh and others, 2015 (4) CGLJ 182 wherein relying upon several decisions 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.

4. Therefore, in these circumstances, this petition is disposed off with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the order dated 22.08.2019 unless the State has modified, varied or cancelled the impugned transfer order.

Sd/- GOUTAM BHADURI JUDGE R a o