High CourtsSingle Bench

Thaldhar Singh vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 11 February 2019 · Citation: (2019) 02 CHH CK 0138

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 866 Of 2019
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Judgment

13 paragraphs · 236 words

P. Sam Koshy, J

1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 03.08.2017, he is not being relieved.

2.

The issue raised by the petitioner in the present writ petition is the nonrelieving. According to the petitioner, he stands relieved vide order dated

03.08.2017 from the Water Resources Division, Bijapur to Water Resources Division, Raigarh.

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.

4.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in

abeyance.

5.

Accordingly, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities

shall relieve the petitioner towards implementation of the transfer order dated 03.08.2017.

6.

It is also made clear that if any administrative exigency comes in the way of the petitioner's relieving then the petitioner shall be informed in writing.

7.

With the aforesaid observations, the writ petition stands disposed off.