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High Court Of ChhattisgarhWPS/4724/2016disposed off

Gopal Das Padwar v. State Of Chhattisgarh

2016-09-14Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4724 of 2016 • Gopal Das Padwar S/o Shri Arjun Das Padwar, Aged About 54 Years Occupation Service Presently Posted At Pond, Patwari Circle No. 19, P.O. Pond, P.S. Panduka, Tehsil Chhura, District Gariyaband, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: Secretary, Department Of Revenue & Aapda Prabandhan, Mantralaya, Mahanadi Bhavan, Naya Raipur492002 (Chhattisgarh)

2. Collector, Gariyaband, District Gariyaband, (Chhattisgarh)

3. Sub Divisional Officer ( S. D. O.), Revenue Gariyaband, District Gariyaband, (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. S.N. Nande, Advocate For State :

Mr. R.K. Gupta, Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/09/2016 Heard on admission.

1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 30.07.2016, he is not being relieved.

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 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 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 Chandra