Ratnesh Parsai vs The State Of Madhya Pradesh
2021 Latest Caselaw 5700 MP

                                                          1                             WP-19175-2021
                              The High Court Of Madhya Pradesh
                                         WP-19175-2021
                                  (RATNESH PARSAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 20-09-2021
                             Heard through Video Conferencing.

                             Shri Rajnish Kumar Pandey, counsel for the petitioner.
                             Shri Ankit Agrawal, Government Advocate for the respondents/State.

Challenge being made to the transfer order dated 28.08.2021 (Annexure P-1); whereby the petitioner has been transferred from Government Primary

School Basaniyakeer, Block Seoni Malwa, District Hoshangabad to Government Primary School, Beekori, Block Babai, District Hoshangabad and also the relieving order dated 02.09.2021; whereby, the respondent no.4 has relieved the petitioner from his present place of posting and directed him to join at transferred place.

It is submitted that in place of petitioner one Radheshyam Sahu has joined his duties at Government Primary School, Beekori, Block Babai, District Hoshangabad by order dated 06.08.2021 and resultantly the petitioner has not allowed to join at Beekori or any other schools of Sankul Babai as the

post of Primary Teacher is laying vacant in schools of Sankul Babai, which is in violation of Clause-3 of the Circular/Policy, dated 12.07.2021. In such circumstances, an innocuous prayer has been made to the respondents directing them to consider and decide the representation expeditiously.

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 Others reported in ILR (2015) MP 2556. In such circumstances, no interim relief can be granted to the petitioner. Signature Not SAN Verified Heard the learned counsel for the parties and perused the record. Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.09.21 11:49:08 IST 2 WP-19175-2021 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.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 30 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: 2021.09.21
11:49:08 IST