Madhya Pradesh High Court
S.L. Aharwal vs The State Of Madhya Pradesh on 13 September, 2021
Author: Vishal Mishra
1 WP-18225-2021
The High Court Of Madhya Pradesh
WP-18225-2021
(S.L. AHARWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Jabalpur, Dated : 13-09-2021
Heard through Video Conferencing.
Shri K.C. Ghildiyal, learned counsel for the petitioner.
Shri Uttkarsh Agrawal, learned Panel Lawyer for the respondent/State.
Heard.
T he present petition has been filed by the petitioner challenging the
impugned transfer order dated 27.8.2021 whereby the petitioner has been
transferred from the post of Principal, Govt. Maharani Laxmi Bai Girls
Higher Secondary School, Damoh to Govt. Higher Secondary School,
Sarra, Block Tendukheda, District-Damoh which is 110 km away.
Learned counsel for the petitioner submitted that son of the petitioner is
suffering fro mental handicap and he is 75% disability. Other ground, it is
contrary to clause 23 and 27 of the transfer policy as the aforesaid transfer is
just to accommodate to respondent No.6 by transferring the petitioner. It has
fairly submitted by the counsel for the petitioner the he has completed normal
tenure i.e three years in the present place of posting. It is argued that
petitioner has submitted the representation to the respondent authorities which
is pending consideration and not decided till date. In such circumstances an
innocuous prayer has been made to get the representation decided within
stipulated time frame and till the decision of the representation, the petitioner
may permitted to work at the present place of posting.
Per contra, learned counsel for the State has opposed the prayer stating
that transfer is the condition of service. The transfer order has been on
administrative ground. There is no document filed in the petition to
demonstrate the malafide for transferring the petitioner. He has relied upon the
judgment passed by Division Bench of this Court in the case of R.S
Signature Not Choudhary and others V. State of M.P and others, ILR (2007) MP
SAN
Verified
Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.14
10:58:30 IST
2 WP-18225-2021
1329 wherein, in similar circumstances, the guidelines for consideration of
matters of transfer has been taken into account. He has prayed for dismissal
of the petition, however no objection is regarding decision on representation
within a stipulated time frame.
Considering overall facts and circumstance of the case and also the law
laid down by Division Bench of this Court in the case of R.S Choudhary and
others V. State of M.P and others (Supra), wherein the Division Bench of this
Court held as under:-
" ÂœTransfer Policy formulated by State is not enforceable as
employee does not have a right and courts have limited jurisdiction to
interfere in the order of transfer. Court can interfere in case of
mandatory statutory rule or action is capricious, malicious, cavalier
a n d fanciful. In case of violation of policy, proper remedy is to
approach authorities by pointing out violation and authorities to deal
with the same keeping in mind the policy guidelines".
This Court deems it appropriate to dispose of this writ petition with a
direction to the petitioner to re-submit a representation to the respondent
No.1 within seven working days raising all the grounds and in-turn
respondent No.1 is directed to dwell upon the representation and get the same
decided 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 expressed any opinion
on the merits of the case.
With the aforesaid observation, this petition stands disposed of.
(VISHAL MISHRA)
JUDGE
irfan
Signature
SAN Not
Verified
Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.14
10:58:30 IST
