1 / 3 2026:CGHC:1380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 146 of 2026 • Jwala Prasad Madhukar S/o Devlal Madhukar Aged About 41 Years Assistant Veterinary Filed Officer Posted At Veterinary Hospital Madded Block Bhopalpattnam District- Bijapur (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Pashudhan Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District- Raipur (C.G.) 2. Deputy Secretary State Of Chhattisgarh, Department Of Pashudhan Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District- Raipur (C.G.) 3. The Director Veterinary Service, Floor No. 3, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 4. Collector Bijapur, District- Bijapur (C.G.) 5. The Joint Director Veterinary Service, Bastar, District- Bastar (Jagdalpur) (C.G.) 6. The Deputy Director Veterinary Service, Bijapur, District- Bijapur (C.G.) ... Respondents For Petitioner : Mr. F.S. Khare, Advocate For Respondent-State : Ms. Anuja Sharma, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That this Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to direct the respondent authorities to issue the relieving order forthwith and relieve the petitioner to the place of transfer. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.01.09 18:08:10 +0530 2 / 3 10.2 This Hon’ble Court may kindly be call for the records for its kind perusal which relates to the petitioner’s matter. 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of petitioner.” 2. Learned counsel for the petitioner submits that petitioner is holding post of Assistant Veterinary Field Officer and posted at Veterinary Hospital, Madded Block Bhopalpattnam District Bijapur, C.G. Vide order dated 30.06.2025 (Annexure P-1) issued by the State Govt., petitioner is transferred to Veterinary Dispensary Semradih, Block Balodabazar, District Baloda Bazar, Bhatapara, on his own request. However, till date, petitioner is not relieved. He submits that when once order of transfer is issued by the State Government, then the concerned authority/subordinate officers are duty bound to relieve the petitioner in compliance of order dated 30.06.2025. In support of his submission, he places reliance upon the decision in the case of Ms. Manisha Agrawal Vs. State of C.G. & Ors. [ 2015 (4) CGLJ 182]. 3. Learned counsel for the State opposes submission of learned counsel for the petitioner and would submit that according to submission of learned counsel for petitioner, petitioner is not relieved for want of reliever. 4. I have heard learned counsel for the parties. 5. Undisputedly, petitioner is transferred vide order dated 30.06.2025 passed by the Govt. of Chhattisgarh, transferring petitioner from Veterinary Hospital, Madded Block Bhopalpattnam District Bijapur, C.G. to Veterinary Dispensary Semradih, Block Balodabazar, District Baloda Bazar, Bhatapara. 6. Coordinate Bench of this Court in case of Manisha Agrawal (supra) has observed as under: “7. It would not be out of place to mention here that the guidelines issued by the State Government in relation to transfer of the employees are merely executive instructions and are not enforceable by the Court of law. Thus, only on the strength of any guideline mentioned in the transfer policy, the State 3 / 3 Government cannot take a stand that unless the reliever is posted in place of the petitioner, the petitioner cannot be relieved. Once the employee has been transferred, execution of the said order is to be ensured by the State Government unless and until the said order is varied by the State Government, either by cancelling or modifying it. In the present case, the transfer order of the petitioner has neither been modified nor been cancelled. Under the facts and circumstances of the case, the State Government is under an obligation to ensure enforcement of the transfer order. In the matters of Sreedam Chandra Ghosh (supra) it has been observed by the Apex Court in para 6 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." 7. In the case at hand, it was not brought to the notice of this Court that after passing of transfer order dated 30.06.2025, order of transfer of petitioner in any manner was cancelled or amended. In absence of which, respondents are duty bound to relieve the petitioner for transferred place. 8. For the foregoing discussions, writ petition is allowed. Respondents are directed to relieve the petitioner to join at his transferred place i.e. Veterinary Dispensary Semradih, Block Balodabazar, District Baloda Bazar, Bhatapara, within 10 days. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE