Sudarshan Kumar Jain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 8392 of 2019 Sudarshan Kumar Jain S/o Shri Devchand Jain, Aged About 34 Years, Presently Working As Assistant Teacher (L B) At Balak Aashram Gorli, Block Chhindgarh, District Sukma, 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 Sukma, Chhattisgarh.

3. District Education Officer Sukma, District Sukma, Chhattisgarh.

4. Block Education Officer, Block Chhindgarh, District Sukma, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Ms. Ishwari Ghritlahare, 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 21.08.2019 from Balk Aashram Gorli, Block Chhindgarh, district Sukma to Govt. Primary School Bagod, Block Narharpur, district Kanker 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 21.08.2019 so far as the petitioner is concerned. Sd/- P. Sam Koshy Judge Khatai