Santosh Joshi vs The State Of Madhya Pradesh
2021 Latest Caselaw 4793 MP

                                                                               1                              WP-15332-2021
                                                    The High Court Of Madhya Pradesh
                                                               WP-15332-2021
                                                        (SANTOSH JOSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                            2
                                            Indore, Dated : 27-08-2021
                                                  Heard through Video Conferencing.
                                                  Mr Harshwardhan Sharma, learned counsel for the petitioner .
                                                  Ms Vinita Phaye appearing on behalf of the respondents State.

The petitioner has filed this present petition being aggrieved by the order dated 06-08-2021 whereby he has been transferred from Indore to the

office of Assistant Commissioner, Sidhi. The petitioner is holding the post of Senior Co-operative Inspector.

The petitioner has assailed the transfer order mainly on the ground that he has less than two years of service. He is going to retire after attaining the age of superannuation. His Hometown is Badwani nearby to the Indore and transferred place is more than 800 Kms. He is heart patient and he has undergone by-pass surgery. His wife is also a heart patient.

Before filing this petition he has already submitted a representation to the respondents seeking cancellation of transfer order and transfer to a nearby

place so that he can get treatment at better Hospital.

Learned Government Advocate opposed the said prayer and stated that the petitioner is assailing the transfer order on personal inconvenience and it is for the concerned authority to consider and not the High Court under article 226 of the Constitution of India.

Learned counsel for the petitioner has placed reliance over the judgments passed by this court in which the court has set-aside the order of transfers by relying upon Rule 49 (1) and 57 of the M.P. Civil Services (Pension) Rules, 1976.

Let the representation of the petitioner be decidied in light of the judgments passed by this court and looking to the personal inconvenience of Signature Not VerifiedDigitally signed by SAN RASHMI the petitioner, within a period of forty five days, from the date of receipt of PRASHANT Date: 2021.08.28 12:19:09 IST 2 WP-15332-2021 certified copy of this order.

Till then, the petitioner is directed to remain at the present place of posting.

With the aforesaid the petition stands disposed of. Certified copy as per rules.

(VIVEK RUSIA) JUDGE

rashmi

Signature Not Verified VerifiedDigitally Digitally signed by SAN RASHMI PRASHANT Date: 2021.08.28 12:19:09 IST