Shri R.P. Dwivedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 5526 MP

                                                         1                               WP-18552-2021
                              The High Court Of Madhya Pradesh
                                         WP-18552-2021
                                 (SHRI R.P. DWIVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 16-09-2021
                            Heard through Video Conferencing.

                            Shri Atul Choudhari, counsel for the petitioner.
                            Shri Shivam Hazari, Panel Lawyer for the respondents/State.

Challenge being made to the transfer order dated 31.08.2021 (Annexure P-3); whereby the petitioner has been transferred from Satna to Chhatarpur.

The challenge is being on the ground that the wife of the petitioner as well as his mother are seriously ill and are bedridden. Petitioner is having a major son to care of them, but he is doing the labour work; therefore, generally he is not available at home. The medical documents in support of the arguments are being filed pointing out the aforesaid facts. The medical documents are for the month of June-July, 2021. It is submitted that nobody has been posted in place of the petitioner and he has not been relieved till date. He has already preferred a detailed representation to the respondents authorities but till date the same has not been considered and decided. It is

further submitted that he is ready to comply with the transfer order but has made a request to transfer him at some nearby place. In such circumstances, as he is not being relieved, he made an innocuous prayer to the respondents directing them to consider and decide the representation for modification of the transfer order and till then the petitioner is permitted to work at the present place of posting i.e. Satna.

P er contra, State counsel has opposed the prayer stating that the transfer is on administrative exigencies and the petitioner has been posted at the present place since 2015 and has worked for almost more than six years. As it is submitted that he is having a major son; therefore, the care of wife and mother can be taken by him. The representation submitted by the petitioner will be considered and decided expeditiously. He has relied upon the Signature Not SAN Verified judgments of the Division Bench of this Court in the case of R.S. Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.17 10:53:24 IST 2 WP-18552-2021 Chaudhary and Others v. State of M.P. and Others, ILR (2007) MP 1329 and in the case of Mridul Kumar Sharma v. State of M.P. and Others reported in ILR (2015) MP 2556. In such circumstances, no interim relief can be granted to the petitioner.

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

Though challenge is being to the transfer order on personal inconvenience but from the medical documents it is seen that wife and mother of the petitioner are bedridden and the aforesaid assertion has also been made in paragraph-6.3 of the petition, supported by an affidavit. Although, normally no interference in such transfer order showing personal inconvenience are made but looking to the pathetic condition of the mother and wife of the petitioner, this Court deem it it appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh representation to the respondent no.2 seeking cancellation/modification of the transfer order supported by all the documents and in case such a representation is filed the respondent no.2 is directed to dwell upon the same and pass a self contained speaking order and communicate the outcome to the petitioner within a period of 15 days from the date of receipt of certified copy of this order.

As the petitioner has stated that till date he has not been relieved and no one has been posted in place of him. Subject to verification of the aforesaid aspect petitioner is permitted to continue at present place of posting i.e. Satna.

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

With the aforesaid observations, this petition stands disposed of. Certified copy as per rules.

                                                                                  (VISHAL MISHRA)
                                                                                       JUDGE


                      taj

Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.17
10:53:24 IST