D. S. Bhuarya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7638 of 2019 D. S. Bhuarya (Doman Singh Bhuarya) S/o Shri Ganesh Ram Bhuarya, Aged About 48 Years, Working As Incharge Sub Divisional Officer, Public Works Department Dornapal, District Sukma Chhattisgarh ---- Petitioner

Versus

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

2. The Collector Sukma, District Sukma, Chhattisgarh

3. Executive Engineer, Public Works Department Sukma, District Sukma Chhattisgarh ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.09.2019

1. Heard on admission.

2. The petitioner has filed this petition 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, till date, he has not been relieved.

3. The contention of the petitioner is that he was transferred vide Annexure - P-1 dated 17.08.2019 from Sub Division Dornapal to Sub Division Charama but till date he has not been relieved for joining at the transferred place.

4. 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 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 by the State Government itself.

5. Therefore, in these circumstances, this petition is disposed off with direction that petitioner shall be relieved forthwith by the controlling authority in compliance of order (Annexure P/1) unless the State has not modified, varied or cancelled the transfer order dated 17.08.2019 so far as the petitioner is concerned.

Sd/- P. Sam Koshy Judge Khatai