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High Court Of ChhattisgarhWPS/8938/2019disposed off

Chhandrashekhar Shori v. State Of Chhattisgarh

2019-10-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8938 of 2019 Chandrashekhar Shori S/o. Vishnu Ram Shori Aged About 33 Years Working As Assistant Teacher (T.L.) B, And Posted At Government Primary School Nelbhatti, Metapal, Block Dantewada, District South Bastar Dantewada Chhattisgarh, ---- Petitioner

Versus

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

2. Collector South Bastar Dantewada, District South Bastar Dantewada Chhattisgarh,

3. District Education Officer South Bastar Dantewada, District South Bastar, Dantewada Chhattisgarh ----Respondents For petitioner - Shri Ajay Shrivastava, Advocate. For State-Shri Kunal Das, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 24/10/2019 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