Makhan Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6546 of 2016 Makhan Lal Sahu S/o Shri Topi Ram Sahu, Aged About 47 Years Posted As Principal, At Government Higher Secondary School, Mardapal, Kondagaon, R/o Village Mardapal, Tahsil & District Kondagaon, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)

2. Director, Directorate Of Public Instruction, Indrawati Bhawan, 1st Floor, Block C, Naya Raipur, District Raipur, (Chhattisgarh)

3. Collector, Kondagaon, District Kondgaon, (Chhattisgarh)

4. District Education Officer, Kondagaon, District Kondagaon, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Mateen Siddiqui, Advocate For State :

Shri R.K. Gupta, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/12/2016 Heard.

1.

The petitioner has filed this petition for issuance of direction to respondent-transferring authority to relieve him on the grievance that though the transfer order has been issued by the State Government on 30.07.2016, till date he has not been 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 executed, unless it is modified, varied or cancelled by the State

Government itself.

3.

Therefore, in these circumstances, this petition is disposed off with the direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of order dated 30.07.2016, unless the State has not modified, varied or cancelled the impugned transfer order. Sd/- (Manindra Mohan Shrivastava) Judge Rekha