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High Court Of ChhattisgarhWPS/8631/2019disposed off

Mahendra Kumar Songurd v. The State Of Chhattisgarh

2019-10-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8631 of 2019 Mahendra Kumar Songurd, S/o. Santosh Kumar Songurd, Aged About 41 Years, Occupation - Teacher (L.B.) Government Middle School, Butaras, Development Block - Chhindgarh, District - Sukma Chhattisgarh.

---- Petitioner

Versus

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

2. The Collector, Sukma, District- Sukma, Chhattisgarh

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

4. Block Education Officer, Sukma, District- Sukma, Chhattisgarh ----Respondents For Petitioner :

Mr. A.K.Prasad, Advocate.

For State/Respondents :

Ms. Beenu Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order O n Board 18/10/2019 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 21.08.2019, 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 ashok