Tikaram Trivendra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 2737 OF 2017 Tikaram Trivendra, S/o Shri Motiram Trivendra, aged about 29 years, occupation: Patwari, R/o Village- Kosmi, Post- Darripara, P.S. Manipur, Tahsil & District Gariyaband (C.G.) ... Petitioner

Versus

1.

State of Chhattisgarh, through its Secretary, Department of Revenue and Disaster Management, Mahanadi Mantralaya, Police Station & PostRakhi, New Raipur, District Raipur (C.G.) 2.

Collector, O/o Collectorate, Gariyaband, District Gariyaband (C.G.) 3.

Tahsildar, Tahsil Office- Mainpur, District Gariyaband (C.G.) ... Respondents For Petitioner :

Mr. Abhishek Pandey, Advocate.

For Respondents :

Mr. S.P. Kale, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 29/06/2017 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 21.07.2016, 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 judgments 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 of 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. 5.

The petition is accordingly disposed of.

Sd/- (P. Sam Koshy) /sharad/ Judge