High Court Of ChhattisgarhWPS/5293/2016disposed off

Rajesh Kumar Verma v. State Of Chhattisgarh

2016-10-06Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5293 of 2016 Rajesh Kumar Verma S/o. Shri V. S. Verma, Aged About 30 Years Rural Agriculture Extension Officer, Bhopalpatnam, Post, Thana Bhopalpatnam, District Bijapur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Agriculture And Biotechnology Department, Mahanadi Bhawan, Ministry New Raipur (Chhattisgarh)

2. Dy. Director, Agriculture Department, Bijapur, District Bijapur (Chhattisgarh)

3. Sub Divisional Officer, Agriculture, Bhopalpatnam, District Bijapur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Somkant Verma, Advocate For State :

Shri D.R. Minj, Dy. Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/10/2016 Heard on admission.

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 29.7.2016, he is not being relieved.

2. Learned State counsel submits that the petitioner is posted at a sensitive place in core scheduled area and if the reliever of the petitioner has not come, relieving of the petitioner may adversely affect the administrative exigency.

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

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

5. 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 Praveen