Biharilal Aditya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6388 of 2016 • Biharilal Aditya S/o Shri Patram Aditya Aged About 52 Years Presently Posted At P. H. No. 40, Tahsil Bagbahara, District Mahasamund (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue And Disastern Management, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.

2. The Collector, District Mahasamund (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner : Mr. Vikas Bhaskar, Advocate For State : Mr. D.R. Minj, Dy. Government Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/11/2016 1.

The petitioner comes out with a transfer order ventilating grievance that even though the petitioner has been transferred vide order 21.07.2016, he is not being relieved.

2.

It is found that after the transfer order was passed, the petitioner making representation, but till date nothing has been communicated. Unless the transfer order has already been cancelled, modified or varied, the order requires to be complied with.

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 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.

In view of the aforesaid circumstances, respondent No.2 is directed to relieve the petitioner forthwith to enable him to join at the new place of posting as per order of the State Government. Sd/- (Manindra Mohan Shrivastava) Judge Chandra