Citation : 2021 Latest Caselaw 5602 MP
Judgement Date : 17 September, 2021
1 WP-18042-2021
The High Court Of Madhya Pradesh
WP-18042-2021
(RAJARAM DIXIT Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 17-09-2021
Heard through Video Conferencing.
Shri Atul Upadhyay, learned counsel for the petitioner.
Shri Sanjeev Kumar Singh, learned PL for respondent -State.
Challenge being made to the transfer order dated 31.08.2021 whereby the petitioner has been transferred from District Jabalpur to District Damoh
on administrative ground.
The challenge is being on the ground that the petitioner is presently working as Revenue Inspector in Revenue Department at Jabalpur. He is an old aged person of more than 60 years and his superannuation is due in July 2023. His wife is suffering from multiple disease. According to the Transfer Policy, the normally transfer of an employee should be after three years. He has already preferred a detailed representation to the respondents authorities but till date the same has not been considered and decided. In such circumstances, he made an innocuous prayer to the respondents directing
them to consider and decide the representation.
Per contra, State counsel has opposed the prayer stating that the transfer is on administrative exigencies. The representation submitted by the petitioner will be considered and decided expeditiously. He has relied upon the judgments of the Division Bench of this Court in the case of R.S. 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. Considering the overall facts and circumstances of the case, this Court deem it it appropriate to dispose of the writ petition with a direction to the 2 WP-18042-2021 petitioner to resubmit a fresh representation to the respondent no.3 supported by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondent no.3 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.
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
Prar
Digitally signed by PRARTHANA SURYAVANSHI Date: 2021.09.17 18:48:14 +05'30'
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