Madhya Pradesh High Court
Sandhya Marko vs The State Of Madhya Pradesh on 22 October, 2021
Author: Vishal Mishra
1 WP-21704-2021
The High Court Of Madhya Pradesh
WP-21704-2021
(SANDHYA MARKO Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 22-10-2021
Heard through Video Conferencing.
Smt. Sudha Gautam, counsel for the petitioner.
Shri Darshan Soni, Government Advocate for the respondents/State.
Challenge being made to the transfer order dated 23.08.2021; whereby,
the petitioner has been transferred from District Balaghat to District Dindori.
The grounds raised for challenging the order is that the distance
between the two places is almost 270 kilometers. The petitioner is having two
daughters, who are studying in Class-10 and Class-6. The elder daughter of
the petitioner namely Shri Jyeshtha Marko, studying in Class-10 is having
Board examination; therefore, the transfer of the petitioner will be a great loss
to the academic session of his daughter. The petitioner has relied upon the
judgment of the Supreme Court in the case of Director of School
Education Madras and others Vs. O. Karuppa Thevan (1994 SCC Supl.
(2) 666); wherein, the Hon'ble Supreme Court considering the academic
session has granted interim relief. The petitioner submits that till the academic
session of the daughter, the petitioner may be permitted to continue at the
present place of posting i.e. at District Balaghat. He is ready to comply with
the transfer order after the academic session is over. It is further pointed out
that the petitioner is still working and not being relieved till date because
nobody has been transferred and joined in place of the petitioner. He has
already submitted a detailed representation to the respondents/authority, the
same is kept pending and has not been decided. An innocuous prayer is made
to direct the authorities to consider and decide the pending representation and
the petitioner is permitted to continue till the completion of academic session.
Counsel appearing for the State has opposed the prayer and submitted
that the transfer order was passed on 23.08.2021 and he has not complied
Signature Not Verified
SAN
with the transfer order till date, but he could not dispute the fact that his elder
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.10.23 10:20:50 IST
2 WP-21704-2021
daughter is studying in Class-10 and is having a Board examination this year.
He submits that the representation submitted by the petitioner will be
considered and decided expeditiously considering the academic session of
the elder daughter of the petitioner, who is studying in Class-10.
Heard the learned counsels for the parties and perused the record.
The Hon'ble Supreme Court in the case of Director of School
Education Madras and others (supra) has held as under:-
"The tribunal has erred in law in holding that the respondent
employee ought to have been heard before transfer. No law requires an
employee to be heard before his transfer when the authorities make the
transfer for the exigencies of administration. However, the learned counsel
for the respondent, contended that in view of the fact that respondent's
children are studying in school, the transfer should not have been effected
during mid-academic term. Although there is no such rule, we are of the
view that in effecting transfer, the fact that the children of an employee are
studying should be given due weight, if the exigencies of the service are not
urgent. The learned counsel appearing for the appellant was unable to
point out that there was such urgency in the present case that the employee
could not have been accommodated till the end of the current academic
year. We, therefore, while setting aside the impugned order of the Tribunal,
direct that the appellant should not effect the transfer till the end of the
current academic year. The appeal is allowed accordingly with no order as
to costs."
It is seen from the record that the elder daughter of the petitioner is
studying in Clas-10 and is having a Board examination this year. It is argued
that the petitioner has not been relieved till date and nobody has joined in
place of the petitioner.
Considering the judgment passed by the Supreme Court in the case of
Director of School Education Madras and others (supra) the petitioner is
permitted to continue at the present place of posting till the completion of
academic session of the elder daughter of the petitioner, who is studying in
Class-10. The petitioner is directed to furnish an undertaking that he will
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.10.23 10:20:50 IST
3 WP-21704-2021
comply with the transfer order after completion of the academic session of
his elder daughter studying in Class-10.
With the aforesaid observation, this petition stands disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.10.23 10:20:50 IST
