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High Court Of ChhattisgarhWPS/8963/2019disposed off

Jagdish Prasad Soni v. The State Of Chhattisgarh

2019-11-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8963 of 2019 Jagdish Prasad Soni, S/o. Late Jeewan Lal Soni, Aged About 47 Years, By Caste Gond, By Occupation Head Master, Posted At Govt. Middle School Gudrapara (Garka) Block Keshkal, District Kondagaon, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh, Through The Secretary, School Education Department (Samvarg-T), Mantralaya, Naya Raipur District Raipur Chhattisgarh

2. The Collector, District Kondagaon, Chhattisgarh

3. District Education Officer, District Kondagaon, Chhattisgarh

4. District Education Officer, District U.B. Kanker, Chhattisgarh ----Respondents For Petitioner :

Mr. Parag Kotecha, Advocate.

For State/Respondents :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order O n Board 06.11.2019 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 01.10.2019, 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