Awackash Vishwakarma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7244 of 2017 Awackash Vishwakarma Son Of Shri B. P. Vishwakarma, Aged About 30 Years Sub Engineer, Working At Public Works Department, West Baser Division, District Bijapur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Ministry, New Raipur, Chhattisgarh.

2. Executive Engineer, Public Works Department, West Baster Division, District Bijapur, Chhattisgarh.

---- Respondents For Petitioner : Mr. Somkant Verma, Advocate For State : Mr. Dheeraj Wankhede, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/01/2018 Heard.

1. 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 14.08.2017, 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 executed, 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 dated 14.08.2017, unless the State has not modified, varied or cancelled the impugned transfer order.

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