Malkhan Singh Yadav vs The State Of M.P.
2021 Latest Caselaw 5334 MP

                                   1                               WP-17261-2021
        The High Court Of Madhya Pradesh
                   WP-17261-2021
               (MALKHAN SINGH YADAV Vs THE STATE OF M.P. AND OTHERS)


Jabalpur, Dated : 13-09-2021
      Heard through Video Conferencing.

      Shri Anoop Saxena, learned counsel for the petitioner.
      Shri Amit Pandey, learned panel lawyer for the respondents/State.

Challenge is being made to the transfer order dated 27.08.2021 whereby the petitioner's services have been transferred from Government

Primary School, Baraayee to Government School, Nainagiri, Chhatarpur District on administrative grounds.

It is submitted that the petitioner was appointed on the post of Primary Teacher and is working at Government Primary School, Baraayee District Chhattarpur. There is no surplus teacher in the school. It is submitted that the petitioner has been transferred at a distance of 160 Kms away from the present place of posting. It is submitted that the transfer order was passed in violation of the transfer policy. It is pointed out that the petitioner has not been relieved till date and has submitted a detailed representation to the

respondent/Authorities. The same is pending consideration and has not been decided.

An innocuous prayer is made to get the representation decided at an early date and as the petitioner has not been relieved, he may be permitted to work at the present place of posting.

Per contra, learned counsel for the State has opposed the prayer and submitted that transfer is a condition of service and the petitioner has been transferred on administrative grounds. He has placed reliance on judgment passed by the Division Bench of this Court in the case of R.S.Choudhary Vs. State of M.P. and others reported in ILR (2007) MP 1329 and Mridul Kumar Sharma Vs. State of M.P. reported in ILR (2015) MP 2556 and submitted that the only relief which can be granted to the petitioner is a direction to decide the representation and if the petitioner prefers a fresh 2 WP-17261-2021 representation to the respondent No.2 in pursuance to the transfer order, then the same will be considered and decided expeditiously.

Heard learned counsel for the parties and perused the record. T h e petitioner is subjected to transfer vide impugned order dated 27.08.2021 at Government Middle School Nainagir, District Chhatarpur on

administrative grounds. The law in respect to the transfer is well settled and decided by the Division Bench of this Court in the case of R.S.Choudhary Vs. State of M.P. and others reported in ILR (2007) MP 1329 and Mridul Kumar Sharma Vs. State of M.P. reported in ILR (2015) MP 2556. The application/representation dated 31.08.2021 is stated to be not considered by the Authorities while passing the impugned transfer order.

Looking to the overall facts and circumstances of the case and also the law laid down in the aforesaid cases, this Court deems it appropriate to dispose of this writ petition with a direction to the petitioner to re-submit the application/representation to the respondent No.2 within a period of seven days from today and in case such representation is filed, the respondent No.3 is directed to dwell upon the same and pass a self-contained speaking order redressing the grievances of the petitioner and communicate the outcome to the petitioner within a period of 30 days from the date of receipt of certified copy of this order.

Needless to mention here that this Court has not commented upon the merits of the case.

With the aforesaid observations, the petition stands disposed of.

(VISHAL MISHRA) JUDGE

AM

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.09.14 18:35:18 +05'30'