Anil Kumar Jain v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10248 of 2019 • Anil Kumar Jain S/o Late Shri Raja Ram Jain Aged About 60 Years Occupation Food And Civil Supply Inspector In Food, Civil Supply And Consumer Protection Department At Gariyaband, District : Gariyabandh, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Food, Civil Supply And Consumer, Protection, Department At, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2.

Director, Directorate, Food, Civil Supply And Consumer, Protection, Department At, Indravati Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3.

The Collector Gariyaband, District : Gariyabandh, Chhattisgarh 4.

Food Officer Office At Collectorate, Gariyaband, Food, Civil Supply And Consumer Protection Department At Gariyaband, District : Gariyabandh, Chhattisgarh ----Respondents For Petitioner - Mr. J.N. Nande, Advocate.

For State - Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 06/12/2019 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 10.10.2019, 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 yasmin