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High Court Of ChhattisgarhWPS/10403/2019disposed off

Lokesh Kumar Humane v. State Of Chhattisgarh

2019-12-10Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10403 of 2019 • Lokesh Kumar Humane S/o Shri P.L. Humane, Aged About 34 Years Posted As Teacher (L.B.) At Government Boys Middle School Dadhi Block Bemetara District Bemetara, R/o Lig- 859, Aditya Nagar, District : Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

2. District Education Officer, Bemetara, District : Bemetara, Chhattisgarh

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

Mr. Waquar Naiyer, Advocate For State :

Mr. Kapil Maini, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 10/12/2019

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 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, 1 wherein relying upon several judgments of the

1. 2015(4) C.G.L.J.182

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 Yasmin