Birsingh Netam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9666 of 2019 Birsingh Netam S/o Shri Radhyshyam Netam Aged About 39 Years Presently Working As Teacher ( L.B. ) At Government Uchch Primary School Nevra, Block - Makdi District - Kondagaon Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh.

2. The Collector, Kondagaon, District - Kondagaon Chhattisgarh.

3. District Education Officer, Kondagaon, District - Kondagaon Chhattisgarh. ---- Respondents For the Petitioner : Mr. Somkant Verma, Advocate For the Respondents : Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board -11-2019

1. The grievance of the petitioner is that though the transfer order has been issued on 22.08.2019, the petitioner is not being relieved.

2. Once there is an order of transfer, unless the State Government, itself modified/cancelled or kept in abeyance, all subordinate authorities are obliged under the law to comply with the order.

3. The issue regarding implementation of transfer order has been considered by this Court in case of Ms. Manisha Agrawal v. state of Chhattisgarh and others, 2015 (4) CGLJ 182 wherein relying upon several decisions 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.

4. Therefore, in these circumstances, this petition is disposed off with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the order dated 22.08.2019 unless the State has modified, varied or cancelled the impugned transfer order.

Sd/- GOUTAM BHADURI JUDGE R a o