Umashankar Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8031 of 2019 Umashankar Kurre S/o Late Aatma Ram Kurrey Aged About 35 Years Gramin Krishi Vistar Adhikari, Posted At Office Of Senior Agriculture Development Officer Block- Kansabel District - Jashpur Chhattisgarh R/o. Vilage Dighora Tahsil Pathariya District- Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Agriculture Mantralaya, Mahanadi Bhawan, Atal Nagar, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Additional Secretary, Department of Krishi Vikas Evam Kisan Kalyan and Jaiv Prodhogiki Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh

3. Collector Jashpur District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

3. Deputy Director Agriculture Jashpur District - Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

4. Sub Divisional Agriculture Officer Patthalgaon District- Jashpur Chhattisgarh

5. Senior Agriculture Development Officer Block Kansabel District- Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ----Respondents For Petitioner :

Mr. F.S. Khare, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2019

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 22.08.2019, the petitioner is not being relieved.

2. 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.

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, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities shall relieve the petitioner towards implementation of the aforesaid transfer order within a period of 30 days from today.

5. It is also made clear that if any administrative exigency impede the petitioner's relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the issue of transfer on account of any administrative exigency. Sd/- (P. Sam Koshy) Judge Ved