1 / 5 2026:CGHC:9183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1915 of 2026 Ms. Bishmita Patle D/o Shri Harish Chandra Patley Aged About 48 Years Posted At The Office Of The District Women And Child Development Officer, Balrampur, District Balrampur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - The Director Women And Child Development Directorate, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - The Collector Balrampur, District Balrampur, Chhattisgarh ... Respondents For Petitioner : Mr. Jitendra Pali, Advocate For Respondents : Mrs. Anuja Sharma, Dy. Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 20/02/2026 1. Petitioner has filed this writ petition, seeking following reliefs:- 2 / 5 “a. To kindly direct the respondent authorities to issue the relieving order in favour of the petitioner forthwith, so as to enable the petitioner to join on the promotional post of District Programme Officer, District Bijapur, Chhattisgarh, within a time period may be deemed fit by this Hon’ble Court. b. To kindly direct the respondents to grant the petitioner all consequential service benefits of the promotional post, including seniority and salary, from the date of issuance of the promotion order. c. To kindly pass any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, including award of costs in favour of the petitioner.” 2. Learned counsel for petitioner submits that petitioner while working on the post of In-charge District Programme Officer is promoted on the post of District Programme Officer and is posted in the office of Bijapur vider order dated 27.01.2026. Petitioner pursuant to the order of transfer was intending to join the place of posting on promotion, however he was not being relieved by respondent no. 3. He submits that once the promotion is made, petitioner is bound to join the promoted place of posting. Till date order of promotion and posting has not been canceled/amended/ modified and, therefore, the respondent no. 3 is duty bound to relieve the petitioner to join at the promoted place of posting. He further relies upon the judgment of Ms. Manisha Agrawal Vs. State of Chhattisgarh & Ors. Reported in (2015) CGLJ 182 in support of his contention. 3. Learned counsel for State submits that petitioner is posted in schedule area and, therefore, until and unless the reliever is posted and joined the place of posting at Balrampur, petitioner is not to be relieved. However, she do not dispute the submission made by learned counsel for petitioner that her order of promotion and posting has not been canceled/modified/amended. 3 / 5 4. Heard learned counsel for the respective parties. 5. In case of Ms. Manisha Agrawal (supra), while dealing with non- relieving of a government servant pursuant to her transfer by competent authority, this High Court observed thus;- "5.Before adverting to the rival submissions made by the parties, it would be appropriate to refer to clause 2.4 and 2.6 of the transfer policy for the year 2014 (Annexure P/7) which reads as under- 2.4.
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 अत   0र2त प र 'ए-।" 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 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 untill the said order is varied by the State Government, 4 / 5 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 matter 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 orders and give directions for enforcement thereof. Under these circumstances, we do not find any merit in the petition." 6. Considering the facts of the case in hand which is change in place of posting of petitioner which may not be by transfer but by way of promotion. But the facts remain the same as place of posting of petitioner is changed by order of State Government, and therefore, it is for the subordinate officer to relieve the petitioner for his compliance of the order of posting on promotion. As on date, the order of promotion and posting is not modified or altered and, therefore, in the opinion of this Court, the case of petitioner is squarely covered with the decision of Ms. Manisha Agrawal (supra). 7. For the forgoing discussion the writ petition is disposed of directing respondent no. 3 to relieve the petitioner for her joining at his promoted place of posting within a period of 07 days from the date of receipt of the order. 5 / 5 8. With the aforementioned direction, this writ petition stands allowed. Certified copy as per rules. sd/- Alfiza (Parth Prateem Sahu) Judge ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.25 16:59:22 +0530