Rakesh Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6792 MP

Citation : 2021 Latest Caselaw 6792 MP
Judgement Date : 25 October, 2021

Madhya Pradesh High Court

Rakesh Ahirwar vs The State Of Madhya Pradesh on 25 October, 2021

Author: Vishal Mishra

                                   1                             WP-23197-2021
          The High Court Of Madhya Pradesh
                     WP-23197-2021
           (RAKESH AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 25-10-2021
      Shri A.K. Mishra, learned counsel for the petitioner.

      Shri Manoj Kushwaha, learned Panel Lawyer for the respondent-State.

The present petition has been filed challenging the transfer order dated 31.08.2021, whereby the petitioner has been transferred from Sagar to Jhabua (M.P.).

The sole ground taken by the petitioner that the son of the petitioner is studying in Class-10 and has to appear in Board Examination in this academic session. Therefore, transferring the petitioner at the distance of 530 kilometers will adversely affect academic session of his child. 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 son, the petitioner may be permitted to continue at the present

place of posting i.e. at District Sagar. 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 has not been 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 till date. 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 denied the contentions, but could not distinguish the aforesaid judgment passed by the Supreme Court as well as by the Division Bench of this Court in the aforesaid cases. He fairly submits that the representation submitted by the petitioner will be considered and decided expeditiously considering the academic session of the son of the 2 WP-23197-2021 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 i n 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 transfer of the petitioner is from 3 WP-23197-2021 Sagar to Jhabua at a distance of 530 kilometers. The son of the petitioner is studying in Class-10 in Paras Vidya Vihar School, Sagar and is having CBSE Board Examination in this academic session. 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) and the facts and circumstances of the case, the petitioner is permitted to continue at the present place of posting till the completion of academic session of the son of the petitioner, who is studying in Class-10. The petitioner is also directed to furnish an undertaking that he will comply with the transfer order after completion of the academic session of his son studying in Class-10.