Ganesh Singh Thakur vs The State Of Madhya Pradesh
2021 Latest Caselaw 4786 MP

                                                                        1                              WP-16271-2021
                                           The High Court Of Madhya Pradesh
                                                      WP-16271-2021
                                               (GANESH SINGH THAKUR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    1
                                    Jabalpur, Dated : 27-08-2021
                                          Heard through Video Conferencing.

                                          Shri R.B. Tiwari, learned counsel for the petitioner.
                                          Shri Tapan Bathre, learned PL for the respondents/State.

Petitioner is aggrieved by transfer order dated 07/08/2021

(Ann.P/1).

Counsel for the petitioner submits that petitioner's wife is also a Government employee (Patwari) at Baxwaha District Chhatarpur. The petitioner has already preferred a representation dated 23/07/2021 for keeping both the spouse at one place which is pending consideration before respondent No.2. Till decision of representation, petitioner may be protected.

Prayer is opposed by learned PL for the State. As per the transfer policy and the judgment of Supreme Court in

Union of India Vs. S.L. Abbas (1993) 4 SCC 357, the Apex Court has made it clear that an employee has no enforceable right to remain posted on the same place where his/her spouse is working. Thus, petition is disposed of by directing the respondent No.2 to decide petitioner's representation in accordance with law within three weeks' from the date of communication of this order.

Petition is disposed of without expressing any opinion on entitlement of petition.

The prayer for granting stay till decision of representation is rejected in the light of judgment of Supreme Court in S.L. Abbas Signature Not Verified SAN (supra).

Digitally signed by RASHMI RONALD VICTOR Date: 2021.08.27 04:17:27 IST 2 WP-16271-2021

(SUJOY PAUL) JUDGE

RS

Signature Not Verified SAN

Digitally signed by RASHMI RONALD VICTOR Date: 2021.08.27 04:17:27 IST