← Library
High Court Of ChhattisgarhWPS/4706/2017disposed off

Sudhir Kumar Patel v. State Of Chhattisgarh

2017-09-12Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4706 of 2017 Sudhir Kumar Patel S/o Makardhwaj Prasad Patel, Aged About 40 Years Presently Posted And Working As Assistant Development Extension Officer (A D E O) Janpad Panchayat Pathalgaon, District Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat & Rural Development, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, Chhattisgarh

2. Collector, Jashpur, District Jashpur, Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Jashpur, District Jashpur, Chhattisgarh

4. Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh, Chhattisgarh

5. Chief Executive Officer, Janpad Panchayat Pathalgaon, District Jashpur, Chhattisgarh

6. Chief Executive Officer, Janpad Panchayat Pussore, District Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. D.R. Patel, Advocate.

For State :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/09/2017 Heard.

1.

The grievance of the petitioner is that even though the petitioner has been transferred vide order dated 04.02.2017, he is not being relieved. 2.

Learned counsel for the State submits that unless the State Govt itself stays, varies or modifies the transfer order, the authority subordinate to the State

are liable for compliance of the order.

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, it is directed that respondents No.3 & 5 shall forthwith relieve the petitioner towards compliance of the order of transfer so that the petitioner can submit his joining at the transferred place as per the transfer order. 5.

The petition is accordingly finally disposed off with the observation and direction as above.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha