High Court Of ChhattisgarhWPS/8266/2019disposed off

Nand Kumar Rai v. State Of Chhattisgarh

2019-10-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 8266 of 2019 Nand Kumar Rai S/o Shri Khelu Prasad Rai, Aged About 45 Years, Presently Working On The Post Of Patwari, P.H. No. 10, Sandi, District Baloda Bazar-Bhatapara Chhattisgarh. R/o Post Sandi, P.S. Mudpar, Tehsil - Palari, District Baloda Bazar-Bhatapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Principal Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Nawa Raipur Atal Nagar, District Raipur, Chhattisgarh

2. Collector, District- Baloda Bazar- Bhatapara, Chhattisgarh

3. Collector, District- Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Kashif Shakeel, Advocate For State :

Ms. Abhyunati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 04.10.2019

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 13.08.2019 from Baloda Bazar to Raipur 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, the writ 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 modified, varied or cancelled the transfer order dated 13.08.2019 so far as the petitioner is concerned. Sd/- P. Sam Koshy Judge Khatai