Virendra Kumar Mahobia v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10601 of 2019 Virendra Kumar Mahobia, S/o. Shri Jagdish Mahobia, Aged About 52 Years, Working As Sthal Sahayak, R/o. Chhuikhadan, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh.

2. Superintendent Engineer, Water Resources Department, Shivnath Mandal Durg, District Durg, Chhattisgarh.

3. Executive Engineer, Water Resources Department, Chhuikhadan Division Chhuikhadan, District Rajnandgaon, Chhattisgarh

4. Sub Divisional Officer, Water Resources Department, Sub-Division Chhuikhadan, District Rajnandgaon, Chhattisgarh. ----Respondents For Petitioner :

Mr. Hemant Kesharwani, Advocate.

For State/Respondents :

Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order O n Board 13.12.2019 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 31.10.2019, 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 ashok