Laxman Prasad Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 5405 MP

             THE HIGH COURT OF MADHYA PRADESH

                       Writ Petition No.18258 of 2021
      (Laxman Prasad Mishra Vs. The State of Madhya Pradesh and others)

Jabalpur, Dated : 14.09.2021

      Shri Mahendra Pateriya, learned counsel for the petitioner.

      Shri Darshan Soni, learned panel lawyer for the respondents/State.

Challenge being made to the order dated 31.08.2021 whereby, the

petitioner has been subjected to transfer from Damoh to Tendukheda on

administrative grounds.

It is submitted that the petitioner is suffering from various ailments

i.e. Arthiritis, Neck pain, right arm pain, multiple joints pain. Medical

report is filed as Annexure P-2. Medical report is of July, 2021. It is

submitted that the petitioner has not been relieved till date. It is submitted

that transfer is on administrative grounds and a representation has already

been preferred by the petitioner.

Per contra, learned counsel for the State has opposed the prayer and

contended that the transfer is a condition of service. 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.3 in

pursuance to the transfer order, then the same will be considered and

decided expeditiously and prayed for disposal of the writ petition with a direction to the respondent No.3 to decide the representation at an early

date.

Heard the learned counsel for the parties and perused the record.

On perusal of the record, it is seen that no current medical

documents have been filed to show any medical urgency in the matter and

only the regular treatment is required to be taken.

Considering the overall facts and circumstances of the case and also

the fact that the petitioner has been transferred within the same district at

short distance and in absence of any medical urgency, this Court deems it

appropriate to dispose of this petition with a direction to the petitioner to

re-submit the representation to the respondent No.3 within seven days and

in case such representation is submitted the respondent No.3 is directed to

consider and decide the representation within a period of 15 days from the

date of receipt of certified copy of this order and communicate the

outcome to the petitioner.

Needless to mention here that this Court has not expressed any

opinion on merits of the case.

With the aforesaid observations, the writ petition is disposed of.

(Vishal Mishra) Judge

AM.

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.09.15 12:19:13 +05'30'