UP \^T) Smeai 'SBI?- IN THE HON'BLB HJGH COURT ffF CHHATTZSGARH JUDICATURE AT BILASPUR W.P. l S) No. /2011 PETITIONER: -\\c-" ..-••f <<''--'\.-<v ,a Q^ s</i^\N^S ^..-"»s .^''". .'»••' A c.'- »ii"1 RESPONDBNTS: ^' Dr. Santosh Kum.ar Jaiswal iS/o Shri Tikam Lal Jaiswal Aged about 36 years Occapation -Medical Officer Primary Health Centre Dist - Korea (C.G.) VBRSUS 1. State of Chhattisgarh Through, Secretary , Department of Health and Family Welfare Mantralaya, D.K.S. Bhawan, RaipurfC.G.) 2. Collector ,Korea District Korea (C. G) n- 3. Chief Medical Officer , Korea , District - Korea ( C.G.) ^- WRIT^ETSTION UNDBR ARTICLE 226/227 O^ THE CONSTITUTION OF IN/st)IA HIGH COURT OF CHHATTISGARH AT BIL.^SPUR WMT PETmON (S) No. 2030 of2011 PETITIONER : Dr. Saatosh Kumar Jaiswal. RESPONDENTS VERSUS State ofChhattisgarh & Others. WKIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish IC Aenihotri, J. Present: Ms. Deepali Pandey, Advocate for fhe petitioner. Shri Y.S.Thakur, Deputy Advocate General forthe State/resoondents. ORDER(ORAL) (Passed on 18°'day ofApril, 2011) 1. Leamed counsel appearine for the petitioner submits that vide order dated 15.07.2010 (Annexure P/l). the petitioner, working as Medical OfGcer, at Primary Health Centre. Ramgarh, District Koria, has been transferred to Primai'y Health Centre, Kumhari, District Durg, on his own request. However, the petitioner has not yet been relieved to join the new place of posting. Ms. Pandey subniits that once the order oftransfer has been passed, it is for the govemmeat to ensure that it is complied with immediately. She relies on a decision ofthe Supreme Court in Sreedam Chandra Ghosh v. State ofAssam & others^, m support of his contention that ifthe order is not complied witli. a direction can be issued for enfbrcement fhereof. 2. Sliri Thakur, leamed Deputy Advocate General appearing fbr the State/respondents submits that that if the transfer order dated 15.07.2010 (Annexure P/l) is still m existence and has not been complied vvifh, appropriate steps would be taken to comply with the order. 3. Ifthe aforesaid transfer order is still in existence, tiie goveranient is under an obligation to complv with the same at once. It is accordingly directed that the transfer order shall be complied with forthwith, within a period oftwo weeks. 4. Accordingly, this petition is disposed of. ij Sd/- SatishK.Agnihotri Judge (1996) 10 SCC 567