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High Court Of ChhattisgarhWPS/8537/2019disposed off

Surendra Kumar Dhruw v. State Of Chhattisgarh

2019-10-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8537 of 2019 Surendra Kumar Dhruw S/o Late Shobhit Ram Dhruw Aged About 43 Years Posted As Shikshak Lb, At Middle School Bodko, Sankul - Fulbagdi, Block Sukma, District - Sukma Chhattisgarh. ---- Petitioner

Versus

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

2. Additional Secretary Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, District - Raipur Chhattisgarh.

3. Collector Sukma District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh

4. District Education Officer Sukma District Sukma Chhattisgarh.

5. Chief Executive Officer Zila Panchayat Sukma District Sukma Chhattisgarh.

6. Block Education Officer Sukma District Sukma Chhattisgarh. ----Respondents For petitioner - Shri F.S. Khare, Advocate.

For State- Smt. Astha Shukla, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 17/10/2019 1.

The present petition has been filed for issuance of a direction to respondent-transferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government, 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, this petition is disposed of 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/- (Goutam Bhaduri) JUDGE gouri