Khilawan Prasad Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9767 of 2019

1. Khilawan Prasad Sahu S/o Shri Laxman Sahu Aged About 59 Years Working As, Upper Division Teacher, Government Middle School, Nardha, Block - Kasdol, District Baloda - Bazar - Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Parasram Suryavanshi S/o Shri Thanu Ram Suryavanshi, Aged About 43 Years Working As, Teacher ( L.B.) Government Middle School Korradeeh, Block Kasdol, District - Baloda - Bazar - Bhatapara , Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Sharif Khan S/o Shri Rasul Khan Aged About 35 Years Working As Teacher ( L.B. ) Government Middle School, Amlideeh, District Baloda - Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

4. Pawan Kumar Sidar S/o Shri Ranjeet Singh Sidar Aged About 33 Years Working As Teacher ( L.B.) Government Primary School Mahkam, Block Kasdol, District - Baloda - Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioners

Versus

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

2. The Collector Baloda Bazar Bhatapara, District Baloda - Bazar Bhatapara Chhattisgarh

3. District Education Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh

4. Block Education Officer, Baloda Bazar, Block - Baloda Bazar, District - Baloda - Bazar Bhatapara Chhattisgarh

5. Block Education Officer, Kasdol, Block - Kasdol District - Baloda - Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioners :

Shri R.S. Patel, Advocate and Shri Palash Agrawal, Advocate For Respondents/State :

Shri Kapil Maini, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board

27/11/2019

1. The present petition has been filed for issuance of a direction to respondenttransferring authority to relieve the petitioners on the grievance that though the transfer order has been issued by the State Government, till date, the petitioners have not been relieved.

2. The contention of the petitioners are that though the petitioners were transferred vide orders dated 22.08.2019 and 01.10.2019 respectively, however till date they have 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 petitioners 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 petitioners are concerned.

Sd/- Goutam Bhaduri Judge yasmin