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High Court Of ChhattisgarhWPS/8656/2019disposed off

Manoj Kumar Netam v. State Of Chhattisgarh

2019-10-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8656 of 2019 Manoj Kumar Netam, S/o. Jaylal Netam, Aged About 40 Years, Occupation Teacher (L.B.) Govt. Middle School, Kuraili, Development Block Chhindgarh, District Sukma Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Ministry Of School Education Department, Mahanandi 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 :

Mrs. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order O n Board 21.10.2019 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