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High Court Of ChhattisgarhWPS/2587/2020disposed off

Nohar Singh Dhruw v. State Of Chhattisgarh

2020-07-03Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2587 of 2020 Nohar Singh Dhruw S/o Shri Bide Singh Dhruw Aged About 35 Years Occupation - Panchayat Secretary Of Village Panchayat Penkodo Janpad Panchayat Koiylibeda R/o Village Piparpara Ghota Post Kulhardkatta, P.S. Bhanupratappur District Uttar Baster Kanker Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. The Director Directorate, Panchayat And Rural Development Department At Indirawati Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh.

3. The Collector District Uttar Baster Kanker Chhattisgarh

4. The Chief Executive Officer Zila Panchayat Uttar Bastar Kanker, District Uttar Bastar Kanker Chhattisgarh.

5. The Chief Executive Officer Janpad Panchayat Koiylibeda District Uttar Bastar Kanker Chhattisgarh.

----Respondents For petitioner - Shri J.N. Nande, Advocate.

For State- Ms. Veena Nair, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri Order 03/07/2020 1.

The present petition has been filed for issuance of a direction to respondent-transferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the respondent, however till date, the petitioner has not been relieved. 2.

The contention of the petitioner is that though the petitioner was transferred vide order dated 22.08.2019, however till date he 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 respondent has not modified, amended or cancelled the said order so far as petitioner is concerned.

Sd/- (Goutam Bhaduri) JUDGE gouri