Binjlal Shyam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9692 of 2019 • Binjlal Shyam S/o Late Ghasi Shyam Aged About 27 Years Presently Working As Medical Lab Technologist At Primary Health Center, Chalgali, District Balrampur, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary Health And Family Welfair Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 2.

The Collector Balrampur, District : Balrampur, Chhattisgarh 3.

Chief Medical and Health Officer Balrampur, District : Balrampur, Chhattisgarh ----Respondents For Petitioner - Mr. Somkant Verma, Advocate.

For State - Mr. Ravish Verma, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 26/11/2019 1.

The present petition has been filed for issuance of a direction to respondent-transferring 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 he 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, 1 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

1. 2015(4) C.G.L.J.182

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 yasmin