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High Court Of ChhattisgarhWPS/5159/2016disposed off

Mahipal Kujur v. State Of Chhattisgarh

2016-09-26Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5159 of 2016 Mahipal Kujur S/o late Emil Kujur, Aged About 44 Years Occupation Assistant Statistics Officer, District Economic & Statistics Office, District Gariyaband Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Planning Economic And Statistics Department, Mahanadi Bhawan, New Mantralay Raipur, Chhattisgarh

2. The Under Secretary, Planning Economic And Statistics Department, Mahandi Bhawan, New Mantralay Raipur Chhattisgarh

3. Assistant Director, Administration Directorate, Economic & Statistics Department, Raipur, District Raipur Chhattisarh

4. Deputy Director, District Economic & Statics Department, Gariyaband District Gariyaband Chhattisgarh ---- Respondents For Petitioner : Shri Shakti Raj Sinha, Advocate For Respondent-State : Shri Dheeraj Wankhede, G.A., on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/09/2016 Heard on admission.

1.

The petitioner has filed this petition ventilating grievance that though the petitioner has been transferred vide order dated 30.07.2016 (Annexure P/1), he is not being relieved. It is submitted that it is not a case of transfer from scheduled area to non-scheduled area but transfer from scheduled area to scheduled area.

-22.

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 if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha