High Court Of ChhattisgarhWPS/3435/2018disposed off

P. P. Singh v. Satate Of Chhattisgarh

2018-05-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3435 of 2018 P. P. Singh S/o B R Singh Aged About 36 Years Occupation - Service, Presently Working As Assistant Director, District Planning And Statistical Office, Gariyaband District Gariyaband R/o Bajrang Chowk Ward No. 13, Purani Basti, Gariyaband District Gariyaband Chhattisgarh.

---- Petitioner

Versus

1. Satate Of Chhattisgarh Through Secretary, Planning, Economics And Statistics Department Mantralaya Mahanadi Bhawan Naya Raipur, Post Office And Police Station Naya Raipur District Raipur Chhattisgarh.

2. Director, Economic And Statistical Department, Block - II , Ground Floor, Indrawati Bhawan, Naya Raipur District Raipur Chhattisgarh.

3. Collector Gariyaband, District Gariyaband Chhattisgarh.

4. Deputy Director Cum District Planning And Statistical Officer, District Planning And Statistics Office, Gariyaband District Gariyaband Chhattisgarh.

----Respondents For Petitioner :

Mr. Malay Shrivstava, Advocate For State :

Mr. Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/05/2018

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, 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, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities shall relieve the petitioner towards implementation of the transfer order dated 14.08.2017.

5. It is also made clear that if any administrative exigency impede the petitioner's relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the issue of transfer on account of any administrative exigency. Sd/- (P. Sam Koshy) Judge Ved