Madhya Pradesh High Court
Bhartiya Awadhiya vs The State Of Madhya Pradesh on 13 September, 2021
Author: Vishal Mishra
1 WP-17167-2021
The High Court Of Madhya Pradesh
WP-17167-2021
(BHARTIYA AWADHIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 13-09-2021
Heard through Video Conferencing.
Shri Ajay Pal Singh, learned counsel for the petitioner.
Shri Mukund Chourasiya, learned panel lawyer for the
respondents/State.
Challenge is being made to the transfer order dated 06.08.2021
whereby the petitioner's services have been transferred from Patwari Halka,
Huzur to Raipur Karchuliyan 70 Kms away on administrative grounds.
It is submitted that the petitioner is an unmarried lady and her father
and mother were infected by Covid-19 and died on 21.04.2021 and
05.05.2021. It is pointed out that the petitioner has not been relieved till date
and has submitted a detailed representation to the respondent/Authorities
pointing out the difficulties. 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, she 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 the transfer is a condition of service and the petitioner has
been transferred on administrative grounds on the approval from the
concerning minister, which is reflected from the impugned order itself. 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 representation to the respondent No.2 in pursuance
Signature Not
SAN
Verified to the transfer order, then the same will be considered and decided
Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.13
18:07:39 IST
2 WP-17167-2021
expeditiously.
Heard learned counsel for the parties and perused the record.
T h e petitioner is subjected to transfer vide impugned order dated
06.08.2021 at Tehsil Raipur Karchuliyan on administrative grounds. The
transfer order clearly reflects that the same has been passed after approval of
the concerning minister of the State. 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 representation dated 10.08.2021 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.2
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 15 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 observations, the petition stands disposed of.
(VISHAL MISHRA)
JUDGE
AM
Signature
SAN Not
Verified
Digitally signed by
ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2021.09.13
18:07:39 IST
