Shishupal Singh Bundela vs The State Of Madhya Pradesh
2021 Latest Caselaw 5604 MP

                                   1                                WP-18994-2021
        The High Court Of Madhya Pradesh
                   WP-18994-2021
       (SHISHUPAL SINGH BUNDELA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Jabalpur, Dated : 17-09-2021
      Heard through Video Conferencing.
      Shri Parag Tiwari, learned counsel for the petitioner.
      Shri P.K Verma, learned PL for the respondent/State.

Challenge is being made to the transfer order dated 29.08.2021; whereby the petitioner has been transferred from Government Primary

School, Mogna Block, Jatara, District Tikamgarh to Government Primary School, Khodera, District Tikamgarh at a distance of 50 kilometers.

T he challenge is made only on the ground that there is violation of Clause-27 of the Transfer Policy as the wife of the petitioner are physically handicapped carrying 55% disability. The certificates to this effect are filed along with the application (Annexure P/2). It is state that the petitioner is working at the present place of posting last three years. It is submitted that in such circumstances, Clause-27 of the Transfer Policy specifically provides for own request transfer at the place where there is facility available for

imparting education to the disabled children. He has submitted a detailed representation to the respondent authorities. It is submitted that direction be issued to the authorities to consider and decide the pending application expeditiously and till the decision of the representation the petitioner may be permitted to continue at the present place of posting. No body has joined in place of petitioner and the petitioner has not yet been relieved.

Per contra, State counsel has opposed the prayer and submitted that the transfer is a condition of service and the transfer is on administrative grounds and the petitioner is being transferred only at a distance of 50 kilometers from the present place of posting. As far as the violation of Clause-27 of the Transfer Policy is concerned. The representation submitted by the petitioner will be considered and decided expeditiously in view of the 2 WP-18994-2021 judgments passed by 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, as interim relief of permitting the petitioner to continue at the present place of posting cannot be granted.

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

perusal of the record, it is seen that the petitioner's transfer is at a short distance of 50 kilometers. As the wife of the petitioner are physically handicapped carrying 55% disability. The certificates to this effect are filed along with the application (Annexure P/2). The petitioner has categorically stated no body has joined in place of petitioner and the petitioner has not yet been relieved. The Clause-27 of the Transfer Policy which as under:-

^^27- ,sls 'kkldh; vf/kdkfj;[email protected];ksa dks ftuds [email protected] ,oa [email protected]=h

ekufld fu%'kDrrk] Loyhu (Autism) vFkok cgqvk;keh fu%'kDrrk ls ihfM+r gS] dks Lo;a ds O;; ij ,slh txg ij inLFkkiuk djus ds laca/k esa fopkj fd;k tk ldsxk] tgka fu%'kDrrk ls ihfM+r dk mipkj ,oa [email protected]=h dks f'k{kk lqyHk gks lds] c'krsZ fd os ,slh fu%'kDrrk ds [email protected]'k{kk ds fy, ekU;rk izkIr laLFkku ls bl ckjs esa leqfpr izek.k izLrqr djsaA**

In such circumstances, it is appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh representation along with all relevant documents to the respondent No.4 within a period of 7 days from today. In case, if such representation is filed, the respondent No.4 is directed t o dwell upon the said representation 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 not been relieved till date and no body has joined in place of the petitioner, subject to verification of the aforesaid aspects, the petitioner is permitted to work at his present place of posting i.e Mogna Block Jatara, District Tikamgarh.

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

3 WP-18994-2021 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 19:05:13 +05'30'