High Court Of ChhattisgarhWPS/8015/2019disposed off

Pavan Kumar Nag v. State Of Chhattisgarh

2019-09-27Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 8015 of 2019 Pavan Kumar Nag S/o Shri Ravindra Nag, Aged About 28 Years Presently Working As Assistant Grade-III, National Highway, Public Works Department, Sub-Division- Bijapur, District- Bijapur, Chhattisgarh ---- Petitioner

Versus

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

2. The Collector, Bijapur District- Bijapur, Chhattisgarh

3. Executive Engineer, National Highway Public Works Department, Division - Jagdalpur, District- Bastar At Jagdalpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Mr. Ashutosh Mishra, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 27.09.2019

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 19.08.2019 from PWD National Highway, SubDivision Bijapur to the office of Chief Engineer, PWD Circle Jagdalpur 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 the 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 19.08.2019 so far as the petitioner is concerned. Sd/- P. Sam Koshy Judge Khatai