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Jaishing Patar Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 7892 Of 2019

Date of Decision: Sept. 25, 2019

Hon'ble Judges: P. Sam Koshy, J

Bench: Single Bench

Advocate: Somkant Verma, Ishwari Dhritlahre

Final Decision: Disposed Of

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Judgement

P. Sam Koshy, J

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 19.08.2019, however till date 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.