1 2026:CGHC:4605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 872 of 2026 1 - Dr. Kapil Dev Kashyap S/o Shri Dilharan Prasad Kashyap Aged About 42 Years Presently Working As Medical Officer District- Hospital Bijapur Posted As In-Charge Civil Surgeon Cum Chief Hospital Superintendent District- Jashpur Chhattisgarh, ... Petitioner Versus 1 - State Of Chhattisgarh Through- Secretary Health And Family Welfare Department Mahanadi Bhawan Atal Nagar Naya Raipur, District- Raipur Chhattisgarh, 2 - Under Secretary Directorate Health And Family Welfare Department Mahanadi Bhawan Atal Nagar Naya Raipur, District- Raipur Chhattisgarh, 3 - Civil Surgeon Cum Chief Hospital Superintendent District- Bijapur Chhattisgarh, ... Respondents For Petitioner : Mr. C.J.K. Rao, Advocate For Respondents/State : Mr. Khulesh Sahu, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/0 1/2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to relieve the petitioner to the transferred place i.e. Jashpur as Civil Surgeon cum Chief Hospital Superintendent, Jashpur. 2 10.2 That, this Hon’ble Court may kindly be pleased to award the cost and expenses of this petition. 10.3 That, the Hon’ble Court be further pleased to issue any other writ or directions or orders in favour of the petitioner and against the respondents upon these facts and in the circumstances of the case in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner is presently posted and working as Medical Officer at District Hospital, Bijapur and vide order dated 05.01.2026, the petitioner has been transferred to Jashpur on the post of Civil Surgeon-cum-Chief Hospital Superintendent, however, till date, the petitioner has not been relieved from his present posting i.e. District Hospital, Bijapur and therefore, petitioner has submitted representation dated 06.01.2026 for relieving the petitioner, which till date is pending consideration and therefore, direction be issued to the concerned respondents to take decision on the representation and relieve the petitioner from his present place of posting so as to join the transferred place at the earliest. In support of his contention he placed reliance upon the decision of this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh & Ors. reported in 2015 (4) CGLJ 182. 3. On the other hand, learned counsel for the Respondents/State submits that in view of the limited prayer made by the counsel for petitioner, he is having no objection. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. The grievance of the petitioner is that though the transfer order/letter has been issued on 05.01.2026, yet he is not being relieved. Once, there is an order of transfer, unless the State Government itself modified/canceled or kept in abeyance, all sub-ordinate authorities are obliged under the law to comply with the order. In case of Ms. Manisha Agrawal (Supra), this 3 Court has held that once the employee has been transferred, it is required to be complied with unless, it is modified, varied or canceled. 6. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner and the decision of this Court in the case of Ms. Manisha Agrawal (Supra), without entering into the merits of the claim of petitioner, this writ petition at this stage is disposed of directing the concerned respondent authorities to relieve the petitioner from his present place of posting in compliance of the transfer order dated 05.01.2026, preferably within a period of 10 days from the date of receipt of the order unless the State Government has modified, varied or canceled the impugned transfer order. 7. With the aforesaid observation and direction, this writ petition stands allowed. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.29 11:34:56 +0530