Prashant Kumar Thakur v. The Chairman Chhattisgarh State Power Distribution Co. Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4621 of 2016 • Prashant Kumar Thakur S/o Patiram Thakur, Aged About 37 Years Working As Assistant Grade Il At Office Of Junior Engineer Chhattisgarh Rajya Vidyut Vitaran Co Maryadit Centre Bijapur P.S. Bijapur District Bijapur Chhattisgarh ---- Petitioner

Versus

1. The Chairman Chhattisgarh State Power Distribution Co. Ltd. Raipur Daganiya Raipur District Raipur Chhattisgarh

2. The Chief Engineer, Chhattisgarh State Power Distribution Co Ltd. Jagdalpur Distirct Bastar Chhattisarh

3. The Executive Engineer, Chhattisgarh State Power Distribution Co Ltd. Bijapur, Distirct Bijapur Chhattisgarh ---- Respondents For Petitioner :

Shri Pravin Kumar Tulsyan, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/09/2016 Heard.

2.

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 06-05-2015, in order to facilitate joining at the transferred place. 3.

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 Chhattisgarh 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.

4.

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.

5.

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. 6.

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