Poshanlal Gangasagar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 270 of 2017 Poshanlal Gangasagar S/o Umend Singh Gangasagar, Aged About 42 Years R/o Village Adenga, P.S. & Tahsil Keshkal, District Kondagaon, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue & Disaster Management, Mantralaya, Mahanadi Bhawan, New Raipur, (Chhattisgarh)

2. Collector, Office Of Collectorate, Kondagaon, District Kondagaon, (Chhattisgarh)

3. Sub Divisional Officer (Revenue), Keshkal, Police Station Keshkal, District Kondagaon, (Chhattisgarh) ---- Respondents For Petitioner : Shri S.B. Pandey, Advocate For Respondent-State : Shri D.R. Minj, Dy. G.A. on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/01/2017 Heard on admission.

1.

By this petition, the petitioner has prayed for a direction to the respondents to relieve him from the present place of posting in compliance of transfer order dated 21.07.2016, in order to facilitate joining at the transferred place.

2.

Learned counsel for petitioner submits that once there is an order of transfer, unless it is modified/cancelled or kept in abeyance, it is required to be complied with. Learned counsel for petitioner placed reliance in the case of Ms. Manisha Agrawal Vs. State of

-2Chhattisgarh 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 complied with unless it is modified, varied or cancelled. 3.

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

4.

Accordingly, it is directed that the respondents-transferring authority shall execute the transfer order in respect of the petitioner subject to a condition that it has not been varied, modified/cancelled or kept in abeyance and the petitioner would be required to be relieved towards implementation, execution of the transfer order. 5.

With the aforesaid direction, this petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha