Santosh Kumar Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6196 MP

                                   1                             WP-20182-2021
        The High Court Of Madhya Pradesh
                   WP-20182-2021
       (SANTOSH KUMAR AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

2
Jabalpur, Dated : 29-09-2021
      Heard through Video Conferencing.
      Shri J.A Shah, learned counsel for the petitioner.
      Shri Shivam Hazari, learned Panel Lawyer for the respondent/State.

Challenge being made to the order dated 31.08.2021 (Annexure P/1), whereby, the petitioner has been transferred from Gram Panchayat Tedikavri,

Janpad Panchayat Gourihar to Gram Panchayat Jarahatakheda, Janpad Panchayat Gourihar Distt. Chhatarpur.

It is submitted by the counsel for the petitioner that on the impugned transfer order is contrary to the transfer policy. The impugned transfer order issued by respondent No.3 is contrary to sub Rule (7) of Rules 6 of Madhaya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment) and Condition of Service (Rules 2011). It is submitted that considering the aforesaid Rules issued in impugned transfer order and further raised the ground that his father is suffering from heart ailments and is under treatment.

He further submits that the petitioner has preferred a detailed representation raising all the grounds but the same has not been considered and decided till date. An innocuous prayer was made to direct respondent authorities to decided his representation within a stipulated time frame.

Per contra, counsel appearing for the State has opposed the prayer and submitted that the transfer order was on the administrative exigency. He has drawn attention of this Court to the judgments in the case of R.S .Chaudhary Vs. State of M.P. and others reported in ILR (2007) MP 1329

and submits no interim relief can be granted to the petitioner. He fairly submits

that as representation is preferred by the petitioner, the same will be considered and decided expeditiously.

Heard learned counsel for the parties and perused the record.

2 WP-20182-2021 Considering the overall facts and circumstances of the case and the innocuous prayer made by the petitioner's counsel, this Court deems it appropriate to dispose of this writ petition with a direction to the petitioner to resubmit a detailed representation to respondent No.3 within a period of seven days and in turn respondent No.3 is directed to dwell upon the

representation and pass a self contained speaking order within a period of one month 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. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Prar

Digitally signed by PRARTHANA SURYAVANSHI Date: 2021.09.30 17:43:13 +05'30'