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High Court Of ChhattisgarhWPS/10450/2019disposed off

Harikishan Verma v. State Of Chhattisgarh

2019-12-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10450 of 2019 • Harikishan Verma S/o Dindayal Verma Aged About 50 Years Working As Teacher (L. B.) At Govt. Middle School, Guma, Block Pallari, District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh 2.

Director Directorate Of Public Instruction, Indravati Bhawan, New Raipur District Raipur Chhattisgarh 3.

Collector Baloda Bazar-Bhatapara District Baloda Bazar-Bhatapara Chhattisgarh 4.

District Education Officer Baloda Bazar-Bhatapara District Baloda Bazar-Bhatapara Chhattisgarh 5.

Block Education Officer Pallari, District Baloda Bazar-Bhatapara Chhattisgarh ----Respondents For Petitioner - Mr. Govind Dewangan, Advocate.

For State - Mr.Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order 11/12/2019 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 12.07.2019, 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

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

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