Vijay Kumar Dashriya v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8315 of 2019
1. Vijay Kumar Dashriya, S/o Shri Mahadev Dashriya, Aged About 38 Years, Presently Working As Teacher (L. B), At Govt. Middle School, Madiyaras, Block Sukma, District : Sukuma, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Ministry School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa , District : Raipur, Chhattisgarh
2. The Collector, Sukma, District : Sukuma, Chhattisgarh
3. District Education Officer, Sukma, District : Sukuma, Chhattisgarh
4. Block Education Officer, Block- Sukma, District : Sukuma, Chhattisgarh ----Respondents For Petitioner :
Mr. Somkant Verma, Advocate For State :
Mr. Chandresh Shrivastava, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy Order on Board 03.10.2019
1. The present Writ Petition has been filed for issuance of a direction to the respondent transferring authority to relieve the petitioner on the grievance that, though the transfer order has been issued by the State Government but till date, the petitioner has not been relieved.
2. The contention of the petitioner is that, though the petitioner was transferred vide order dated 22.08.2019, however, till date he 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.
4. Therefore, in these circumstances, the present Writ Petition is disposed-off 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/Rahul