High Court Of ChhattisgarhWPS/2155/2020disposed off

Pramod Kumar Mahto v. State Of Chhattisgarh

2020-06-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2155 of 2020 • Pramod Kumar Mahto S/o Shri Bharat Lal Mahto Aged About 36 Years Presently Working As Sub Engineer At Public Health Engineering, Sub Division Kunkuri, District Jashpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Health Engineering, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh

2. The Collector Jashpur District Jashpur Chhattisgarh

3. Executive Engineer Public Health Engineering, Jashpur, District Jashpur Chhattisgarh

4. Sub Divisional Officer Sub Division Kunkuri, District Jashpur Chhattisgarh ---- Respondents For Petitioner :

Shri Somkant Verma, Advocate For Respondents/State :

Shri Sudeep Agrawal, Dy. AG Hon'ble Shri Justice Goutam Bhaduri Order 15/06/20

1. The present petition has been filed for issuance of a direction to respondenttransferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government whereby the petitioner has been transferred from Public Health Engineering, Sub Division Kunkuri, District Jashpur to Public Health Engineering, Sub Division No.1, Bilaspur, but till date, the petitioner has not been relieved.

2. The contention of the petitioner is that though the petitioner was transferred

vide order dated 23.08.2019, however till date has not been relieved for joining at the transferred place.

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 Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled by the State Government itself.

4. Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned. SD/- Goutam Bhaduri Judge Ashu