High Court Of ChhattisgarhWPS/8318/2019disposed off

Rupesh Kumar Chanap v. State Of Chhattisgarh

2019-10-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8318 of 2019

1. Rupesh Kumar Chanap, S/o Late Guhari Ram, Aged About 42 Years, Presently Working As Assistant Teacher (L.B.) At Govt. Primary School-Kothiguda (Sonakukanar), Block: Sukma, District : Sukuma, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Ministry Of School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur, 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 modified, amended or cancelled the said order, so far as petitioner is concerned.

Sd/- (P. Sam Koshy) Judge Inder/Rahul