Chattisgarh High Court
Smt. Pramila Bhagat vs State Of Chhattisgarh 4 Wps/9338/2019 ... on 18 November, 2019
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 9237 of 2019
• Smt. Pramila Bhagat W/o Anand Kumar Bhagat, Aged About 32 Years Working
As Teacher E.(L.B.) And Posted At Govt. Middle School Paraskol, Block
Sarangarh, District Raigarh Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Department Of School Education,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur,
Chhattisgarh.
2. Collector Raigarh, District Raigarh, Chhattisgarh.
3. District Education Officer Raigarh, District Raigarh, Chhattisgarh.
4. Block Education Officer Block Sarangarh, District Raigarh, Chhattisgarh.
5. Head Master Government Middle School Paraskol, Block Sarangarh, District
Raigarh
---- Respondents
For Petitioner : Shri U.P.S. Sahu, Advocate For Respondents/State : Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/11/2019
1. Case of the petitioner is that the petitioner was transferred from Government Middle School Paraksol, Block Sarangarh, District Raigarh to Government Middle School Koliyari, Block Abhanpur, District Raipur by an order dated 22/08/2019, however till date the petitioner has not been able to join the place of posting.
2. Transfer order Annexure P-1 dated 22/08/2019 is not in dispute that the 2 petitioner has been transferred from District Raigarh to District Raipur. In case of Ms. Manisha Agrawal Vs. State of C.G. & ors. reported in 2015(4) C.G.L.J. 182 it has been held that unless and until transfer order is modified or cancelled, transfer order cannot be kept in abeyance. In the matter of Sreedam Chandra Ghosh Vs. State of Assam & ors. reported in (1996) 10 SCC 567 the court at para 6 has held as under:-
"6. It is then contended that the transfer orders are to be enforced by the Government as per the rules in vogue and the High Court cannot interfere with these orders. We are unable to appreciate this contention also. When the Government views non-compliance of the transfer order as a serious indiscipline on the part of the erring officer and when the person complains of the non-compliance to the court, the court necessarily has to give effect to the order and give directions for enforcement thereof. Under these circumstances, we do not find any merit in the petition."
3. Considering the same and the law laid down by this court, grievance of the petitioner that she has not been relieved till date, it is directed that the respondent shall allow the petitioner to join her transferred place of posting as per transfer order dated 22/08/2019 subject to just exception, if any. With such observation, the petition stands disposed of.
Sd/-
Goutam Bhaduri Judge Ashu