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High Court Of ChhattisgarhWPS/866/2019disposed off

Thaldhar Singh v. State Of Chhattisgarh

2019-02-11Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 866 of 2019 Thaldhar Singh S/o Shri Chhagan Singh Sidar, Aged About 33 Years, Working As Sub Engineer (Civil) Water Resources Sub Division Bijapur, Division Bijapur, District Bijapur, Chhattisgarh. ---Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh.

2. The Collector, District Bijapur, Chhattisgarh.

3. The Executive Engineer, Water Resources Division, Bijapur, District Bijapur, Chhattisgarh.

---Respondents For petitioner :

Shri Arun Sao, Advocate.

For State :

Ms. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/02/2019 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 03.08.2017, he is not being relieved. 2.

The issue raised by the petitioner in the present writ petition is the nonrelieving. According to the petitioner, he stands relieved vide order dated 03.08.2017 from the Water Resources Division, Bijapur to Water Resources Division, Raigarh.

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 , 2015(4) C.G.L.J.182 "

, wherein relying upon

several judgments of the 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.

4.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

5.

Accordingly, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities shall relieve the petitioner towards implementation of the transfer order dated 03.08.2017.

6.

It is also made clear that if any administrative exigency comes in the way of the petitioner's relieving then the petitioner shall be informed in writing.

7.

With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE