Madhya Pradesh High Court
Prem Chand Mahour vs The State Of Madhya Pradesh on 4 December, 2021
Author: Deepak Kumar Agarwal
[1]
THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
AT GWALIOR
(DIVISION BENCH)
W.A. No.1201 of 2021
Prem Chand Mahour ......Appellant
Versus
State of Madhya Pradesh & others ......Respondents
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Coram :
Hon'ble Mr. Justice Ravi Malimath, Chief Justice
Hon'ble Mr. Justice Deepak Kumar Agarwal, Judge
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Presence :
Ms. Smrati Sharma, learned counsel for the appellant.
Mr. Deepak Khot, learned Government Advocate for the
respondents/State.
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ORDER
(04.12.2021)
Per : Deepak Kumar Agarwal, Judge
This appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya
(Khand Nyay Peeth Ko Appeal) Adhiniyam 2005 has been filed being
aggrieved by the order dated 18.11.2021 passed by learned Single Judge in
W.P.No.25239/2021, by which this petition was disposed of with a direction
to decide the representation.
2. The case of the appellant is that by order dated 31.08.2021, he has been
transferred from Government Primary Girls School, Jaini, Tahsil and District
Sheopur to Government Primary School, Kyar Pura, Tahsil and District
[2]
Sheopur, despite knowing the fact that there is shortage of teachers in
Government Primary Girls School Jaini. Besides this, just three days prior to
issuance of the impugned order, he has sustained injuries and is unable to
move anywhere without support of others. In writ petition, the appellant has
not disclosed the date from which he is posted in Government Primary Girls
School, Jaini.
3. On query, learned counsel for the appellant submits that for last ten
years, he is working at Government Primary Girls School, Jaini. It is further
submitted that the appellant has also filed a representation, therefore,
respondents be directed to decide the same.
4. While disposing of the said petition, learned Single Judge has relied
upon the judgment passed by Division Bench of this Court in the case of
Mridul Kumar Sharma Vs. State of MP and others reported in ILR (2015)
MP 2556 and directed that after submitting his joining at his transferred place,
if the appellant submits his supplementary representation along with the
medical documents, then the same will be considered in accordance with law.
5. The learned Apex Court in Union of India and others S.L. Abbas,
(1993) 4 SCC 357, State Bank of India v. Anjan Sanyal and others, (2001)
5 SCC 508, Public Services Tribunal Bar Association v. State of U.P. and
another, (2003) 4 SCC 104, State of U.P. and Others v. Gobardhan Lal,
(2004) 1 SCC 402, and State of Haryana and Others v. Kashmir Singh
and Another, (2010) 13 SCC 306 has observed that transfer is an incidence
of service and normally should not be interfered with by the Court. If any
administrative guidelines regarding transfer of an employee are violated, at
[3]
best the same confers the right on the employee to approach the higher
authorities for redressal of his grievance.
6. On going through the appeal and documents filed along with and the
arguments of learned counsel for the appellant that appellant is posted at
Government Primary Girls School, Jaini for last ten years, we are of the view
that the appellant has not any right to continue there. Besides this he has been
transferred in the same district and learned Single Judge has also directed to
reconsider his supplementary representation after his joining at new place of
work.
7. In view of the aforesaid discussion, we do not perceive any illegality in
the order passed by the learned Single Judge as would warrant any
indulgence.
8. The appeal fails and is dismissed.
(RAVI MALIMATH) (DEEPAK KUMAR AGARWAL)
CHIEF JUSTICE JUDGE
bj/-
BARKHA
SHARMA
2021.12.06
11:04:03
+05'30'
