Nihal Singh Parmar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6304 MP

             THE HIGH COURT OF MADHYA PRADESH

                       Writ Petition No.20799 of 2021
          (Nihal Singh Parmar Vs. The State of Madhya Pradesh and others)




Jabalpur, Dated : 01.10.2021

      Shri Arvind Kumar Pathak, learned counsel for the petitioner.

      Shri    Manoj      Kushwaha,       learned     panel     lawyer       for   the

respondents/State.

Challenge being made to the transfer order dated 31.08.2021

passed by the respondent No.4, wherein the name of the petitioner finds

place at Serial No.6 whereby he has been transferred from Gram

Panchayat Bilgay, Janpad Panchayat, Jatara, District Tikamgarh to Gram

Panchayat Rampura alias Nirwari, Janpad Panchayat, Palera District

Tikamgarh.

It is argued that the petitioner was transferred on 31.08.2021 from

Gram Panchayat Bindari, Janpad Panchayat Jatara, District Tikamgarh

to Gram Panchayat Bilgay, Janpad Panchayat, Jatara, District

Tikamgarh. The aforesaid transfer order was executed by the petitioner

and the petitioner had joined at Gram Panchayat Bilgaon on 06.09.2021

but another order has been passed by the Authorities on 31.08.2021

transferring the petitioner from Gram Panchayat Bilgaon, Janpad

Panchayat Jatara to Gram Panchayat Rampura alias Niwawari Janpad

Panchayat, Palera. It is submitted that once the petitioner has already

executed a transfer order dated 31.08.2021 and had joined at Gram

Panchayat Bilgaon Janpad Panchayat Jatara, therefore, there was no

occasion for the authorities to cancel the transfer order of the petitioner.

He has relied upon the judgment passed by the Division Bench of this

Court in Writ Appeal No.1249/2017 in the case of Manmohan

Sharma Vs. State of Madhya Pradesh and others wherein, it is held THE HIGH COURT OF MADHYA PRADESH

Writ Petition No.20799 of 2021 (Nihal Singh Parmar Vs. The State of Madhya Pradesh and others)

that executed transfer order cannot be cancelled. It is further pointed out

that the petitioner is a handicapped and is having 45% disability.

Transferring the petitioner again and again is contrary to the transfer

policy dated 24.06.2021. A detailed representation has already been

preferred by the petitioner which is pending consideration and has not

been decided by the authorities. An innocuous prayer is made to direct

the authorities to consider the pending representation and till the

decision on the representation the petitioner may be permitted to

continue at the present place of posting i.e. Gram Panchayat Bilgay

Janpad Panchayat, Jatara District Tikamgarh.

Counsel appearing for the State has opposed the prayer and

submitted that earlier transfer order of the petitioner was immediately

modified on the same day i.e. 31.08.2021; and the petitioner was

transferred to Gram Panchayat Rampura alias Niwawri Janpad

Panchayat Palera. The petitioner has executed the earlier modified

transfer order which he was not supposed to execute, therefore, the law

laid down by the Division Bench of this Court is not applicable to the

case of the petitioner. It is further submitted that the transfer of the

petitioner is within the same District at a short distance, therefore, he is

bound to comply with the transfer order. The other ground which has

been raised by the petitioner regarding his physical disability, it is

submitted that once the petitioner himself has complied with the transfer

order passed on 31.08.2021, therefore, the aforesaid ground of disability

is not available to the petitioner. He is not permitted to choose the place

of his working as per his own convenience. As far as other grounds are THE HIGH COURT OF MADHYA PRADESH

Writ Petition No.20799 of 2021 (Nihal Singh Parmar Vs. The State of Madhya Pradesh and others)

concerned, they are mere personal inconveniences and that cannot be a

ground to interfere into the transfer order.

Heard the learned counsel for the parties and perused the record.

On perusal of the record, it is seen that vide order dated

31.08.2021, the petitioner has been transferred from Gram Panchayat

Bindari Janpad Panchayat Jatara to Gram Panchayat Belgaon, Janpad

Panchayat Jatara. This order was executed by the petitioner and he has

joined at Gram Panchayat Belgay, Janpad Panchayat Jatara on

06.09.2021 as is reflected from the joining report. Another order has

been passed on 31.08.2021 whereby, the petitioner has been shown to

have transferred from Gram Panchayat Bilgaon Janpad Panchayat Jatara

to Gram Panchayat Rampura alias Niwawari, Janpad Panchayat Palera.

Counsel appearing for the State could not justify the fact that the

present transfer order dated 31.08.2021 passed by the Authorities

showing the transfer of the petitioner from Gram Panchayat Bilgaon

Janpad Panchayat, Jatara to Gram Panchayat Rampura alias Niwawari,

Janpad Panchayat Palera does not appear to be a modified transfer order

rather it appears to be a subsequent transfer order of the petitioner on the

same day as he has been shown to have been transferred from Gram

Panchayat Bilgaon. If it would have been a case of modification of the

earlier transfer order, the petitioner should have been shown to have

been transferred from Gram Panchayat Bindari, Janpad Panchayat

Jatara, the place where he was earlier working. In such circumstances,

this Court deems it appropriate to interfere into the transfer order and

considering the fact that the petitioner has already executed the earlier THE HIGH COURT OF MADHYA PRADESH

Writ Petition No.20799 of 2021 (Nihal Singh Parmar Vs. The State of Madhya Pradesh and others)

transfer order, coupled with the fact that he is 45% disabled, this Court

deems it appropriate to dispose of this petition directing the petitioner to

file a fresh representation to the concerning respondents/authorities and

if such a representation is filed, the concerning respondents/authorities

are directed to consider and decide the same within a period of 30 days

from the date of receipt of certified copy of this order.

Needless to say that as the petitioner has already executed the

earlier transfer order and has joined at Gram Panchayat Bilgay Janpad

Panchayat Jatara, he is permitted to continue at Gram Panchayat Bilgay

Janpad Panchayat, Jatara till the decision on the representation.

With the aforesaid observations, this petition is disposed of.

(Vishal Mishra) Judge

AM.

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.10.05 16:56:41 +05'30'