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High Court Of ChhattisgarhWPS/4679/2017disposed off

P.R.Sahu v. State Of Chhattisgarh

2017-09-11Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4679 of 2017 • P.R. Sahu S/o Late Shri Bisamber Ram Sahu, Aged About 57 Years (Date Of Birth 15/07/1960) Occupation Sub Engineer, Water Resources Department, R/o Gobara Nayapara Rajim, House No. 130 Police Station Gobara, Tahsil Abhanpur, District Raipur, Chhattisgarh. ---- Petitioner

Versus

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

2. State Of Chhattisgarh, Through The Joint Secretary, Water Resources Department, Mahanadi Bhawan Mantralaya, New Raipur, District Raipur, Chhattisgarh.

3. Engineer In Chief, Water Resource Department, Sihava Bhawan Raipur, District Raipur, Chhattisgarh.

4. Chief Engineer, Mahanadi River Project Water Resource Department Raipur, District Raipur, Chhattisgarh.

5. Executive Engineer, Water Resource Department Bijapur, District Bijapur, Chhattisgarh.

---- Respondents For Petitioner :

Shri S. K. Verma, Advocate For Respondent/State :

Shri Satish Gupta, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/09/2017 Heard.

2.

Grievance of the petitioner is that though he has been transferred vide order dated 10-08-2017, but he has not been relieved till date, which is violation of Clause 2 of the transfer order. Undisputedly, the petitioner remained posted at the scheduled area. Therefore, the general condition enumerated in Clause 2

of the transfer order will not apply and in the case of the petitioner, Clause 3 meant for special cases relating to those employees, who have remained posted in scheduled area, will apply, according to which, no employee would be relieved until the reliever comes from tribal area. 3.

Therefore, at this stage, I am not inclined to interfere with the impugned transfer order. Before parting with the matter, it is observed that the person/employee, who has been posted in place of the petitioner under the same order, has to comply with the transfer order, unless it has been judicially interfered or cancelled or kept in abeyance.

4.

With the aforesaid observation, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane