High Court Of ChhattisgarhWPS/8790/2019disposed off

Basant Kumar Churendra v. State Of Chhattisgarh

2019-10-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8790 of 2019 • Basant Kumar Churendra, S/o Shri Jangalu Ram Churendra, Aged About 40 Years, Presently Working As Assistant Teacher (L.B.) At Bal Aashram Kadenaar, Block And District- Kondagaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralay, P.S. And P.O.- Rakhi, Atal Nagar, Raipur, District- Raipur, Chhattisgarh

2. District Education Officer Kondagaon, District- Kondagaon, Chhattisgarh

3. Block Education Officer Kondagaon, District- Kondagaon, Chhattisgarh ---- Respondents For Petitioner :

Shri Anish Tiwari, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/10/2019

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 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 Jyoti