Sharad Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9458 of 2019 • Sharad Gupta, S/o Suresh Gupta, Aged About 31 Years, Working As Rural Health Organizer And Posted At Sub Health Centre, Golawand, District Kondagaon Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya New Raipur, Atal Nagar, District Raipur Chhattisgarh.

2. Collector Kondagaon, District Kondagaon Chhattisgarh.

3. Chief Medical And Health Officer Kondagaon District Kondagaon Chhattisgarh.

---- Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 20/11/2019

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 she 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 Jyoti