1 2025:CGHC:38674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9123 of 2025 1 - Pankaj Kumar Sen S/o Ganesh Ram Sen, Aged About 30 Years Posted As Assistant Grade- Ii, At Office Of Tahsildar, Kawardha District Kabirdham (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Revenue And Disaster Management Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh) 2 - Under Secretary, Revenue And Disaster Management Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Collector, Kabirdham, District Kabirdham (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Mateen Siddiqui, Advocate For Respondent(s) : Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 05/08/2025 1. The petitioners have filed the present writ petition claiming for his reliefs, as he has been transferred from his respective places vide order dated 30.06.2025 and prayed the following reliefs in their prayer:- 2 “1. That, this Hon'ble Court may kindly be pleased to direct the respondent State to relive the petitioner for his transfer place i.e. Office of Collector, Dist- Dhamtari. 2. This Hon’ble Court may kindly be pleased to grant any other writ/ writs, order/orders, relief/reliefs in favour of the petitioner, which this Hon'ble Court deemed fit and just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. The petitioner is presently working as Assistant Grande-II at Office of Tahsildar, Kawardha, Dist- Kabirdham and he has been transferred to Office of Collector, District- Dhamtari. Despite the transfer order issued on 30.06.2025, he has not been relieved till date and his representations dated 03-07-2025 & 22-07-2025 have not been considered by the authorities. 3. Learned counsel for the petitioner, 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 his transferred place, but in the present case the petitioner has not been relieved, therefore, he has 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 “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) 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 4 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 is directed to take a decision on the representation made by the petitioner (Annexure P/4 & Annexure-P/5), within a period of 15 days from the date of production of a copy of this order to the concerned District Collector for his relieving on the transferred place on its own merits unless the said transfer order is modified, varied or cancelled. The petitioner is 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 sagrika