Kamal Kishor Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3390 of 2017 Kamal Kishor Nayak S/o Shri Sanatan Nayak, Aged About 46 Years Occupation Service, Posted As Assistant Internal Audit & Taxation Officer ( A I A T O ) Janpad Panchayat Mainpur, Revenue District Gariyaband Civil District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Social Welfare Department Mahanadi Bhawan Capital Complex Naya Raipur, District Raipur Chhattisgarh

2. Deputy Director Panchayat Gariyaband District Gariyaband Chhattisgarh

3. The Chief Executive Officer Jila Panchayat Gariyaband District Gariyaband Chhattisgarh

4. The Chief Executive Officer Janpad Panchayat Mainpur, District Gariyaband Chhattisgarh

...Respondents

For Petitioner :

Mr. Sunil Sahu, Advocate For State-respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/07/2017 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, 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 complied with 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 (Annexure P/1) unless the State has modified, varied or cancelled the impugned transfer order.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha