Jaishing Patar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7892 of 2019 Jaishing Patar S/o Shri, Sukhcharan Patar Aged About 50 Years Presently Working As Assistant Grade-Ii At Public Works Department Sub Division Dornapal, District- Sukma (Chhattisgarh).

---- Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Ministry of Fishery, Mahanadi Bhawan, Atal Nagar, New Raipur (Chhattisgarh).

2. The Collector Sukma, District- Sukma, (Chhattisgarh).

3. Executive Engineer Public Works Department (B/R), Division-Sukma, District- Sukma (Chhattisgarh).

---Respondents For Petitioner :

Shri Somkant Verma, Advocate.

For State :

Ms. Ishwari Dhritlahre, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25.09.2019

1. The present petition has been filed for issuance of a direction to respondent-transferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government, till date, the petitioner has not been relieved.

2. The contention of the petitioner is that though the petitioner was transferred vide order dated 19.08.2019, however till date has not been relieved for joining at the transferred place.

3. 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.

-24. Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned.

Sd/- (P. Sam Koshy) Judge inder