Bhupendra Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6481 of 2016 • Bhupendra Manikpuri S/o. Mangaldas, Aged About 47 Years Working As Head Master Primary School Barseras Para Block Division Chindgarh District Sukma (Chhattisgarh) R/o. Barseras Para Post Urmapal P. S. Chhindgarh District Sukma (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh) • The District Education Officer, District Education Office Sukma District Sukma (Chhattisgarh) ---- Respondents ------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Siddharth Bajpai, Advocate For State :

Mr. R. K. Gupta, Dy. Advocate General ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/11/2016 1.

The petitioner has filed this petition on the grievance that though the State Government has issued the transfer order on 30.07.2016, 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 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.

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 off with the direction that in case the transfer order of the petitioner is not cancelled, varied, modified or kept in abeyance by the respondent-Transferring Authority, the transfer order shall be complied with forthwith and the petitioner shall be relieved. Sd/- (Manindra Mohan Shrivastava) Judge Chandra