High Court Of ChhattisgarhWPS/210/2020disposed off

Bahoran Singh Netam (Wrongly Mentioned As Bahor Singh Netam In Transfer Order) v. State Of Chhattisgarh

2020-01-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 210 of 2020 • Bahoran Singh Netam (Wrongly Mentioned As Bahor Singh Netam In Transfer Order) S/o Shri Shivlal Netam Aged About 46 Years Posted As Assistant Teacher ( L.B.), At Government Primary School, Narayanpur Block Nawagarh District - Bemetara, R/o Village Korguda, Tahsil Daundi Lohara District - Balod Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary School Education Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur Chhattisgarh

2. District Education Officer, Bemetara District Bemetara Chhattisgarh

3. Block Education Officer Nawagarh District Bemetara Chhattisgarh ---- Respondents For Petitioner :

Mr. Ghanshyam Kashyap, Advocate For State :

Mr. Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.01.2020

1. The present petition has been filed for issuance of a direction to respondenttransferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government, till date, the petitioner has not been relieved.

2. The contention of the petitioner is that though the petitioner was transferred vide order dated 01.10.2019, however till date he has not been relieved for joining at the transferred place.

3. The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 1 wherein relying upon several judgments of the

1. 2015(4) C.G.L.J.182

Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled by the State Government itself.

4. Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned.

Sd/- (Goutam Bhaduri) Judge Yasmin