Harish Saxena v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5195 of 2017 Harish Saxena S/o Late Shri Girjashankar Saxena, Aged About 51 Years R/o Behind Laxmi Sports, Gondpara District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Social Welfare, Mahanadi Bhawan Mantralaya, Naya Raipur Chhattisgarh.

2. Director, Department Of Social Welfare, Directorate, Social Welfare Department, D. K. S. Bhawan, Raipur Chhattisgarh.

3. Collector, District Bastar Chhattisgarh.

4. Smt. Chameli Chandrakar, In- Charge Dy. Director, District Office Of Social Welfare Department, Bilaspur Chhattisgarh. ---- Respondents For Petitioner : Shri Hemant Kesharwani, Advocate For Respondent-State : Shri Avinash Singh, Panel Lawyer S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/10/2017 Heard on admission.

1.

The grievance of the petitioner is that even though the petitioner has been transferred vide order dated 14.08.2017 passed by the State Government.

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

-2upon 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 State has the option to cancel, vary or modify or keep in abeyance.

4.

Accordingly, this petition is disposed off with the direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha