Makkhan Singh Painkra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 750 of 2017 Makkhan Singh Painkra S/o Late Shri Kalyan Singh Painkra, Aged About 39 Years R/o Madhuvan Para Kansabe, Police Office Kansabe, Police Station Kansabe, District Jashpur Chhattisgarh, Presentely Working As Rural Agriculture Extension Officer, In The Office Of Senior Agriculture Development Officer Kansabel District Jashpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Agriculture And The Department Of Biotechnology, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)

2. Director, Directorate Of Agriculture, Mantralaya, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh

3. Assistant Director, Agriculture Jashpur, District Jashpur Chhattisgarh

4. Senior Agriculture Development Officer, Jashpur, District Jashpur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Ghanshyam Patel, Advocate For State :

Shri R.K. Gupta, Dy.A.G.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/02/2017 Heard on admission.

1. The grievance of the petitioner is that even though the petitioner has been transferred vide order dated 29th July, 2016, the petitioner is not being relieved.

2. The order of transfer shows that there is no condition with regard to relieve, but on the contrary, order clearly shows that the petitioner shall be treated having been relieved after 15 days and in the event of non-compliance of the order, concerned controlling authority shall be subjected to disciplinary action.

3. The issue regarding implementation of transfer order, has been considered by

-2this 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.

4. In view of the aforesaid, unless the transfer order is cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the same is required to be complied with.

5. In fact, the petitioner is to be treated as relieved to join at the new place of posting. The petitioner shall be relieved forthwith and allowed to join at the new place of posting in compliance of the transfer order.

6. The petition is accordingly finally disposed off with the observation and direction as above.

Sd/--- (Manindra Mohan Shrivastava) Judge Praveen