Suresh Chand Jhariya vs The State Of Madhya Pradesh
2021 Latest Caselaw 5603 MP

                                                         1                             WP-18745-2021
                              The High Court Of Madhya Pradesh
                                         WP-18745-2021
                              (SURESH CHAND JHARIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 17-09-2021
                            Heard through Video Conferencing.

                            Shri Harpreet Ruprah, counsel for the petitioner.
                            Shri Amit Pandey, 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 Jabalpur to

Chhatarpur.

The challenge is being on the ground that the petitioner is working as Inspector in the Department of Weights and Measures. He was transferred from Narsinghpur to Jabalpur on 03.07.2019. According to the Transfer Policy, the honorary transfer of a person should be after three years. The Policy also stated that if the total strength of the employees in the department is less than 200, maximum transfer should be less than 20%. It is also pointed out the father of the petitioner is 78 years old, suffering from dementia and his mother is 77 years old, suffering from Asthama. Both of them are living with

the petitioner. The medical documents in support of the arguments are being filed pointing out the aforesaid facts. 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.

P er 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 Signature Not SAN Verified Others reported in ILR (2015) MP 2556. In such circumstances, no Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.17 18:32:05 IST 2 WP-18745-2021 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 petitioner to submit a fresh representation to the respondent no.1 supported

by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondent no.1 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


                      taj




Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.17
18:32:05 IST