Narendra Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5752 MP

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            THE HIGH COURT OF MADHYA PRADESH
                         W.P.No.8957/2022
         (Narendra Singh Gurjar Vs. State of M.P. and Ors.)

Gwalior, Dated:20.04.2022

      Shri D.S.Raghuvanshi, learned counsel for the petitioner.
      Shri N.S. Tomar, learned Government Advocate for the
respondents/State.

The present petition under Article 226 of the Constitution of India

has been filed by the petitioner being crestfallen by the order dated

25.03.2022 (Annexure P-1) passed by respondent No.2 whereby

petitioner has been transferred from Gram Panchayat Mahadua to

Gram Panchayat, Chandraul. Earlier vide order dated 24.12.2021,

petitioner has been transferred from Gram Panchayat Udi to Gram

Panchayat Mahadua, Tehsil Bhander, District Datia.

Learned counsel for the petitioner submitted that petitioner has

been transferred within a short span of three months at his present

place of posting and no reason has been assigned for his frequent

transfer which is arbitrary and illegal. He relied upon the Judgments

of the Hon'ble Apex Court in the cases of T.S.R.Subramanian &

Ors vs Union Of India & Ors reported in 2013 (15) SCC 732 and

B. Varadha Rao vs State Of Karnataka And Ors. reported in AIR

1986 SC 1955.

Learned Government Advocate for the respondents/State

opposed the prayer and submitted that transfer is an incident of

service and every employee is duty bound to join the place where he

was transferred. Therefore, he prayed for dismissal of this petition.

Heard learned counsel for the parties and perused the

documents appended with the petition.

Transfer is an incident of service. No one much less petitioner

has any vested right to be posted at a particular place of posting. It is

well settled in law that employer is the best judge to organize its work

force and it is also well settled in law that a transfer order cannot be

subjected to judicial review unless and until same is found to be

influenced by malafide or arbitrary exercise of powers which

petitioner fails to do so. Concept of equality as enshrined under

Articles 14 and 16 of Constitution of India, has no application to the

cases of transfers.

However, so far as the prayer of petitioner's counsel in relation

to directing the respondents to decide the representation of petitioner

is concerned, petitioner is at liberty to prefer a representation

alongwith certified copy of this order raising all his grievances before

the competent authority within fifteen days from today. In turn,

competent authority shall consider and decide the said representation

so preferred as expeditiously as possible.

It is made clear that this Court has not expressed his opinion on the merits of the case.

Petition stands disposed of in above terms.

                                                                                                          (Anand Pathak)
   Ashish*                                                                                                     Judge

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de 08c6bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0F D201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EE

ASIA DBA3AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.04.21 11:02:04 -07'00'