Dinesh Kumar Jain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4043 of 2018 Dinesh Kumar Jain S/o Late Birdhi Chand Jain, Aged About 60 Years Occupation - Sub Engineer Water Resources Sub Division No. 3, Jagdalpur, District Jagdalpur Chhattisgarh, R/o Quarter No. H-52, Bodhghat Colony, Irrigation Colony, Post - Jagdalpur, District Bastar Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Joint Secretary Water Resources Department, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. Engineer In Chief Water Resources Department, Sinhama Bhavan, Civil Line, Raipur, District Raipur Chhattisgarh.

3. Chief Engineer, Mahanadi Project, Water Resources Department, Near Shahid Bhagat Singh Chowk, Civil Line, G.E. Road, District Raipur Chhattisgarh.

4. Executive Engineer, Water Resources Department, Tribunal Development Pilot Project, Bodhghat Colony, Jagdalpur, District Bastar Chhattisgarh.

---- Respondents For the Petitioner :

Shri Deepak Jain, Advocate For the State :

Ms. K. Tripti Rao, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2018

1. Heard counsel for the parties.

2. This petition has been filed by the petitioner 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 on 10/08/2017, till date, he has not been relieved.

3. The petitioner is working as Sub Engineer posted at Water Resources Sub Division No.3, Jagdalpur, District Jagdalpur (C.G.).

4. The issue regarding implementation of transfer order has been

considered by this Court in the matter 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 executed, unless it is modified, varied or cancelled by the State Government itself.

5. The matter in issue is squarely covered by the aforesaid order and also by the recent order passed by this Court on 21/06/2018 in Writ Petition (S) No. 4085/2018.

6. 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 dated 10/08/2017 passed by the State Government, unless the State has not modified, varied or cancelled the impugned transfer order.

Sd/- (Sharad Kumar Gupta) Judge Kamde