Shukhlal Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 695 of 2018 Shukhlal Nayak S/o Shri K.P. Nayak Aged About 34 Years R/o Village Pirda, Post Pirda, Tahsil Pithora, P. S. Basna, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Mantralaya, Police Station And Post Rakhi, New Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Collector, Office Of Collectorate, Mahasamund, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

3. Tahsildar, Tahsil Office, Mahasamund, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For State :

Shri Dhiraj Wankhede, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/01/2018 Heard.

1.

The petitioner has filed this petition for issuance of direction to respondent-transferring authority to relieve him on the grievance that though the transfer order has been issued by the State Government on 14.08.2017, till date he has not been relieved. 2.

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, 2015(4) C.G.L.J.182, wherein relying upon several judgment of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be executed, unless it is modified, varied or cancelled by the State Government itself.

3.

Therefore, in these circumstances, this petition is disposed off with the direction that the petitioner shall be relieved forthwith by the

controlling authority in compliance of order dated 14.08.2017, unless the State has not modified, varied or cancelled the impugned transfer order. Sd/- (Manindra Mohan Shrivastava) Judge Rekha