Madhya Pradesh High Court
Ram Kumar Watti vs The State Of Madhya Pradesh on 14 September, 2021
Author: Vishal Mishra
1 WP-18519-2021
The High Court Of Madhya Pradesh
WP-18519-2021
(RAM KUMAR WATTI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Jabalpur, Dated : 14-09-2021
Heard through Video Conferencing.
Shri B.C Choubey, learned counsel for the petitioner.
Shri P.K Verma, learned Panel Lawyer for the respondent/State.
The consent of parties the matter is finally heard.
The present petition has been filed by the petitioner challenging the
impugned transfer order dated 29/08/2021 whereby the petitioner has been
transferred from Govt. Middle School Pipardone, District Seoni to Govt.
Middle School Chichban on the ground of administrative exigency. It is
alleged that aforesaid transfer is just to accommodate to respondent No.4 by
transferring the petitioner clause 23 of the transfer policy is also violated.
It is argued that at the present place of posting there is 5 posts of
teachers were sanctioned and total 3 teachers are posted and petitioner is also
being subjected to transfer. The petitioner is having an old age and there is no
other member to take care of them and he has been transferred at the place
about 70 km away from the present place of posting. It is alleged that there no
body have been posted in place of the petitioner as it is solitary transfer order
of petitioner. He has submitted that 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. He has relied upon the judgment passed by Division
Bench of this Court in the case of R.S Choudhary and others V. State of M.P
and others, ILR (2007) MP 1329 wherein, in similar circumstances, the
2 WP-18519-2021
guidelines for consideration of matters of transfer has been taken into
account. He has prayed for dismissed of the petition, however no objection is
regarding decision on representation within a stipulated time frame.
Consideration 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:-
" Transfer 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 within seven working
days raising all the grounds and in-turn respondent No.4 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
Prar
Digitally signed
by PRARTHANA
SURYAVANSHI
Date: 2021.09.15
18:12:20 +05'30'
