High Court Of ChhattisgarhWPS/8718/2019disposed off

Prashant Tirkey v. State Of Chhattisgarh

2019-10-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8718 of 2019 • Prashant Tirkey S/o Polikarp Tirkey Aged About 33 Years Occupation - Assistant Teacher ( L.B.) Government Primary School, Hamirgarh, 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 :

Shri R.K. Mahobia, Advocate For Respondents/State :

Ms. Binu Sharma, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/10/2019

1. The present petition has been filed for issuance of a direction to respondenttransferring 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 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 Ashu