1 2025:CGHC:24954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4769 of 2025 1 - Helendra Kumar S/o Shri Teejram Aged About 36 Years Presently Working As Mining Inspector, At District Office (Mining Section), Mohla Manpur Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki Chhattisgarh 2 - Leeladhar Prasad Sahu S/o Shri Ramswaroop Sahu Aged About 50 Years Presently Posted As Assistant Mining Officer, At District Office (Mining Section), Raigarh District Raigarh Chhattisgarh 3 - Ajay Ranjan Das S/o Shri M.K. Das Aged About 36 Years Presently Posted As Mining Officer, District Office (Mining Section) Balrampur Distrct Balrampur Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Mineral Resources, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur District Raipur Chhattisgarh 2 - Director, Directorate, Geology, And Mining Department, Indrawati Bhawan, Block 4, Second Floor, Nawa Raipur Atal Nagar, Raipur District Raipur Chhattisgarh 3 - Collector District Mohla Manpur Ambagarh Chowki Chhattisgarh 4 - Collector District Raigarh Chhattisgarh 5 - Collector District Balrampur Ramanujganj Chhattisgarh 6 - Collector, District Raipur Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioners : Mr. Vivek Kumar Agrawal, Advocate For Respondents/State : Mr. Vinay Pandey, Deputy A.G. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.19 14:43:40 +0530 2 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17/06/2025 1. The petitioners have filed the present writ petition claiming for their reliefs, as they have been transferred from their respective places vide order dated 08-05-2025 and prayed the following reliefs in their prayer:- “1. That, this Hon'ble Court may kindly be pleased to issue appropriate direction to the respondent no.3 to 5 to obey the transfer cum posting order dated 08.05.2025 (Annexure P-1) passed by the State Government and relieve the petitioners within stipulated time period. 2. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioners, in the interest of justice. An affidavit in support of is filed herewith.” 2. The petitioner No. 1, Helendra Kumar is presently working as Mining Inspector at District Office Mining Cell, Mohla, Manpur, Ambagarh Chowki and he has been transferred to District Office Mining Cell, Raipur. The petitioner No. 2, Liladhar Prasad Sahu, who is presently working as Assistant Mining Officer at District Office Mining Cell, Raigarh, has been transferred to the District Office Mining Cell, Mohla, Manpur, Ambagarh Chowki. The petitioner No. 3, Ajay Ranjan Das, who is presently working as Mining Officer, District Office Mining Cell, Balrampur, has been transferred to the District Office Mining Cell, Raigarh vide their transfer order dated 08-05-2025 issued by the respondent No. 1. Despite the transfer order issued on 08-05-2025, they have not been relieved till date 3 and their representations dated 03-06-2025, 19-05-2025 and 30-05-2025 have not been considered by the authorities. 3. Learned counsel for the petitioners, placing reliance of the order passed by coordinate Bench of this Court in WPS No. 1432 of 2023 and WPS No. 4537 of 2015, would submit that until and unless the order of transfer is amended, modified or cancelled, the authorities are bound to relieve the employees for their transferred place, but in the present case the petitioners have not been relieved, therefore, they have filed the present writ petition. 4. The coordinate Bench of this Court in WPS No. 4537 of 2015 has observed in para 3 of its order that:- “3. Learned counsel for the petitioner by placing reliance of paragraphs 3, 4 and 5 of the order dated 16.9.2015 passed by coordinate Bench of this Court in WPS No. 3366 of 2015 submits that the petitioner is entitled to be relieved, which state as under:- "3. By placing reliance upon the decision of the Supreme Court in Sreedam Chandra vs. State of Assam and others, (1996) 10 SCC 567, and the decision rendered by the coordinate Bench of this Court in Smt. Mayanka Upadhyaya vs. State of Chhattisgarh and others (W.P. (S) 5913 of 2014 decided on 2.3.2015), it has been argued that once the transfer order is passed, its execution cannot be withheld for any reason whatsoever. 4. The decision of Sreedam Chandra Ghosh (supra) and Smt. Mayanka Upadhyaya (supra) 4 squarely applies to the facts of the present case, therefore, the writ petition is allowed in terms of the aforesaid decisions. 5. For the foregoing, the respondents are directed to relieve the petitioner forthwith from Sukma so as to enable him to join at the transferred place i.e. Rajnandgaon.” 5. Further, in WPS No. 1432 of 2023, the coordinate Bench of this Court has relied upon the judgment of “Ms. Manisha Agrawal v. State of Chhattisgarh and others” 2015 (4) CGLJ 182, wherein it has been held that until and unless the transfer order is amended, modified or cancelled, the authorities are duty bound to relieve the petitioner forthwith. In the present case, it is stated by the petitioners that the order of transfer of the petitioners are not modified or cancelled. 6. In view of the above, the respondent No. 3 to 5 are directed to take a decision on the representations made by the respective petitioners (Annexure P/2), within a period of 07 days from the date of production of a copy of this order to the concerned District Collector for their relieving on the transferred place on its own merits. The petitioners are directed to submit a copy of this order to the concerned District Collector within a week. 7. Accordingly, the writ petition stands finally disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved