Mahipat Yadav vs The State Of M.P.
2021 Latest Caselaw 5799 MP

                                                          1                                WP-19465-2021
                              The High Court Of Madhya Pradesh
                                         WP-19465-2021
                                         (MAHIPAT YADAV Vs THE STATE OF M.P. AND OTHERS)

                      1
                      Jabalpur, Dated : 21-09-2021
                            Heard through Video Conferencing.
                            Shri Vinod Tiwari, learned counsel for the petitioner.
                            Shri Darshan Soni, Panel Lawyer for the respondents/State.

Challenge being made to the transfer order dated 2.09.2021 (Annexure P-2); passed by respondent No.5, whereby the petitioner has been transferred

from Gram Panchayat Rampurabhelsi, Janpad Panchayat Prathvipur to Gram Panchayat Dhila, Janpad Panchayat Prathvipur, District-Tikamgarh. Challenge is being made on the ground that petitioner is neither fall under the category of surplus employee nor the petitioner transferred on her own request.

I t is pointed out that the petitioner has submitted a detailed representation before the respondent No.5 but the same is pending consideration and has not been decided till date. In such circumstances, an innocuous prayer has been made by the petitioner with a direction to the respondent No.5 to consider and decide the same 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.

Heard the learned counsel for the parties and perused the record. Considering the overall facts and circumstances of the case, this Court deem it appropriate to dispose of the writ petition with a direction to the

Signature Not petitioner to submit a fresh representation to the respondent no.5 supported SAN Verified

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.09.22 11:25:48 IST 2 WP-19465-2021 by all the documents within a period of 7 days from today and in case such a representation is submitted, the respondent no.5 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


                      irfan




Signature
 SAN      Not
Verified

Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.22
11:25:48 IST