Smt. Pooja Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 5849 MP

                                                         1                               WP-18684-2021
                              The High Court Of Madhya Pradesh
                                         WP-18684-2021
                                 (SMT. POOJA TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      2
                      Jabalpur, Dated : 22-09-2021
                            Heard through Video Conferencing.
                            Shri Akhilesh Singh, learned counsel for the petitioner.
                            Shri Ankit Agrawal, learned Panel Lawyer for the respondents/State.

Challenge being made to transfer order dated 05.08.2021 whereby, the petitioner has been transferred from Tehsil Suhaagpur to Tehsil Beohari,

District Shahdol.

Challenge is been made on three grounds that the husband of the petitioner is seriously ill and has to under go surgery. The medical documents showing illness are filed along with the application. It is submitted that as he is having thyroid problem therefore, surgery could not be given effect to. Another ground taken is that the child of the petitioner is studying in Class-I in Central School and there is no Central School available in the transferred place of posting therefore, interference in the transfer order is called for. Third ground taken is that she has been transferred to a distant place of 80

Kms. where no such medical facilities are available. In such circumstances, she has preferred a detailed representation to respondent no.2 which is pending for consideration and not being decided till date. An innocuous prayer is made, till the decision on the representation, she may be permitted to continue at the present place of posting i.e.Tehsil Suhaagpur.

Per contra, learned counsel for the State has opposed the prayer and submitted that the transfer is condition of service and the Government employee is bound to comply with the transfer order. It is submitted that her transfer is on the administrative grounds at a short distance of 80 Kms. The medical documents which have been filed along with the petition does not reflects that there is any medical emergency as is pointed out that her husband

Signature Not is required to under go surgery but the medical documents does not reflect SAN Verified

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.09.23 10:43:07 IST 2 WP-18684-2021 the aforesaid aspects. As far as the study of child is concerned, the representation submitted by the authorities to the respondent no.2 will be decided expeditiously. Transfer order dated 05.08.2021, and till date she must have been relieved from the present place of posting.

Heard learned counsel for the parties and perused the record. On perusal of the record, it is seen that transfer order dated 05.08.2021

the grounds which have been pointed out seeking interference in the transfer order is not available in the petition. In view of the judgments of the Division Bench in the case of R.S.Choudhary Vs. State of M.P. and others reported in ILR (2007) MP 1329 and Mridul Kumar Sharma Vs. State of M.P. reported in ILR (2015) MP 2556 no medical emergency has been pointed out by the petitioner in the matter. The documents which have been filed does not reflect that her husband has to under go medical surgery. Other grounds are personal inconveniences, as per the settled preposition of law, the only remedy available to the petitioner is to get the representation decided by the respondent authorities. In such circumstances, this Court is not inclined to grant interim relief to the petitioner. However, in the interest of justice, the petition is dispose of with a direction to the petitioner to submit a fresh representation to respondent No.2 within a period of seven days and in turn respondent No.2 is directed to dwell upon the representation and pass a self contained speaking order within a period of 15 days from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

With the aforesaid observations, this petition is disposed of.

                                                                                VISHAL MISHRA)
                                                                                    JUDGE


                      Sha


Signature
 SAN      Not
Verified

Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.09.23
10:43:07 IST