Madhya Pradesh High Court
Shrihari Pachauri vs The State Of Madhya Pradesh on 14 December, 2022
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 14 th OF DECEMBER, 2022
WRIT APPEAL No. 1063 of 2021
BETWEEN:-
SHRIHARI PACHAURI S/O SHRI RAMCHARAN
PACHAURI, AGED ABOUT 45 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK H.S. GHANA BLOCK KESLI,
DISTRICT SAGAR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ANUVAD SHRIVASTAVA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY SCHOOL
EDUCATION DEPARTMENT VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER, PUBLIC INSTRUCTIONS
GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)
3. DISTRICT EDUCATION OFFICER, SAGAR
DIVISION, SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. JANHAVI PANDIT - DEPUTY ADVOCATE GENERAL)
This appeal coming on for admission this day, Hon'ble Shri Justice
Vishal Mishra passed the following:
ORDER
Assailing the order dated 15.09.2021 passed by the learned Single Judge
in Writ Petition No.17515 of 2021 disposing off the petition, the writ petitioner
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/19/2022
6:20:23 PM
is in appeal.
2. The case of the writ petitioner is that he being a Government teacher has
entered into a Memorandum of Agreement (MOA) with Niti Aayog Government
of India. The MOA is for a period from 09.03.2019 to 08.03.2025 in terms of
Column 4.4 of this memorandum of agreement, the school cannot assign any
part of its MOA to any other person without prior approval of Niti Aayog. It is
the case of the appellant that vide order dated 30.08.2021, he has been
transferred from Government High School, Ghana Block-Kesli to Government
Middle School, Barodiyaghat Block-Bina, District Sagar at a short distance of
200 Kms. At the transferred place, there is only one post of teacher which is
already occupied. The petition preferred by the writ petitioner being Writ
Petition No.17515 of 2021 which was disposed off vide order dated 15.09.2021
with a direction to the respondent No.3 to consider and decide the pending
representation of the writ petitioner, in accordance with law, within a period of
30 days.
3. It is the case of the writ petitioner that the ground of incompetency of the
authority i.e. respondent No.3 to transfer the writ petitioner has not been taken
into consideration by the writ court therefore, the present writ appeal has been
filed. It is argued that at the transferred place there is no vacant post for joining
of the writ petitioner. It is his case that with the change in regime of the
Government, the writ petitioner is subjected to transfer on political
consideration.
4. The writ petition was disposed off with a direction to the respondent No.3
to consider and decide the pending representation of the writ petitioner in
accordance with law, within a period of 30 days from the date of receipt of the
certified copy of the order. As an interim measure, he was permitted to continue
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/19/2022
6:20:23 PM
at the present place of posting for a period of 30 days if not, already relieved.
The aspect of the case is that the writ petitioner has been transferred by the
incompetent authority which was not taken care by the writ court therefore,
present writ appeal has been preferred.
5. Per contra, counsel appearing for the respondents opposed the contention
and has submitted that the writ petitioner is working at the present place of post
since long and is subjected to transfer at a short distance of 200 Kms. The
interference in transfer order can be made only in exceptional circumstances as
has been considered by the Hon'ble Supreme Court in large number of cases.
He has also placed reliance upon the Division Bench judgment 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.
6. Heard the learned counsels for the parties and perused the record.
7. From the perusal of the record, it is seen that the writ petitioner has been
subjected to transfer at a short distance. He has already completed more than
three years of service at the present place of posting. The writ court has
considered all the aspect of the case and has directed to file the representation
which will be considered by the competent authorities. No document is shown
to this count to point out that he has been transferred by an incompetent
authority.
8. The law with respect to transfer is settled with large number of cases by
the Hon'ble Supreme Court in the cases of Union of India and Ors Vs. S.L.
Abbas reported in AIR 1993 SC 2444, S.K. Nausad Rahaman and others
Vs. Union of India and others reported in 2022(2) JLJ 147; Gujrat
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/19/2022
6:20:23 PM
Electricity Board and another Vs. Atmaram Sungomal Poshani reported
in (1989) 2 SCC 602 and in the case of State of U.P. and another Vs. Siya
Ram and another reported in (2004) 7 SCC 405. The scope of interference
in the cases of transfer is very limited to the extent that the transfer order has
been passed by the incompetent authority or the outcome of malafides or by the
colourable exercise of powers or if it reads into any change in the condition of
the service. None of the grounds are available to the writ petitioner. The writ
petitioner has been working at the present place of posting since long and is
subjected to transfer at a short distance of 200 Kms.
9. Considering the legal settled propositions of law by the Hon'ble
Supreme Court as well as by the Division Bench of this Court in the aforesaid
cases, no relief can be extended to the writ petitioner. The writ court has rightly
considered the vital aspect of the matter and has passed the impugned order
which does not call for any interference in the present writ appeal.
10. The writ appeal sans merit and is hereby dismissed.
11. Pending interlocutory applications stand disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Sha
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/19/2022
6:20:23 PM
