Ramashankar Sureshwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5914 MP

                                                         1                            WP-19814-2021
                                The High Court Of Madhya Pradesh
                                           WP-19814-2021
                             (RAMASHANKAR SURESHWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 23-09-2021
                            Heard through Video Conferencing.
                            Shri D.K. Singore, learned counsel for the petitioner.
                            Shri Vivek Sharma, learned Dy. Advocate General for the
                      respondents/State.

Challenge being made to transfer order dated 31.08.2021 whereby, the

petitioner has been transferred from Middle School Teacher, High School Bouna Block Bajaag to Middle School Jeelang (Samnapur) on administrative ground.

The grounds which has been taken for challenging the transfer order are that the petitioner has been transferred without completion of normal tenure of three years as he has joined at the present place of posting in pursuance of order dated 18.12.2019. The other ground which has been taken is the medical ailment of the petitioner but no documents regarding the medical ailment of the petitioner has been filed.

It is submitted that a detailed detailed representation has been filed which is pending for consideration before the authorities. The authorities may be directed to consider and decide the pending representation, and till the decision on the representation, petitioner may be permitted to continue at the present place of posting.

Per contra, learned counsel for the State has opposed the prayer and submitted that no ground seeking interference in the transfer order could have been made by the petitioner.

Heard learned counsel for the parties and perused the record. O n perusal of the record, it is seen that transfer order dated 31.08.2021. The grounds which have been pointed out seeking interference in

Signature Not the transfer order is not available in the petition. In view of the judgments of SAN Verified

Digitally signed by AKANKSHA MAURYA Date: 2021.09.25 11:35:15 IST 2 WP-19814-2021 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 interference in transfer order can be made. The only relief which can be extended to the petitioner is to direct the authorities to consider and decide the pending representation submitted by the petitioner.

Considering the overall facts and circumstances of the case, as well as the law laid down in the aforesaid cases, this Court deems it appropriate to dispose of this writ petition with a direction to the petitioner to re-submit a fresh representation to the respondent No.2 within a period of seven days and in turn the respondents No2 is directed to dwell upon the representation and pass a self contained speaking order within a period of 30 days from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

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

With the aforesaid, this petition stands disposed of. C.C. as per rules.

                                                                              (VISHAL MISHRA)
                                                                                   JUDGE


                      Akm




Signature
 SAN      Not
Verified

Digitally signed by
AKANKSHA
MAURYA
Date: 2021.09.25
11:35:15 IST