Mahendra Pathak vs The State Of Madhya Pradesh
2022 Latest Caselaw 1235 MP

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                                             The High Court Of Madhya Pradesh
                                                       WP No. 1661 of 2022
                                               (MAHENDRA PATHAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Jabalpur, Dated : 27-01-2022
                                           Heard through Video Conferencing.

                                           Shri Amit Kumar Chaturvedi, Advocate for the petitioner.
                                           Smt. Aarti Dwivedi, P.L. for the respondent-State.

By this petition, petitioner is raising grievance in respect of the order dated 27.08.2021 whereby petitioner being a MPW has been directed to be transferred from Primary Health Centre, Dhooma to Community Health

Centre, Kurai.

Counsel for the petitioner raising grievance and submits that petitioners children are studying in Class 10th and Class 12th. Counsel for the petitioner relying upon a decision of a Division Bench judgment passed in W.A.1141/19 in which Division Bench has observed that if any emergent situation arises and transfer cannot be avoided then only in academic session, transfer should be made, otherwise employee should not be transferred in such circumstance. However, considering the distance of transfer, is the fact that the transfer is being made within the same district.

Learned Panel lawyer for the respondent-State submits that the distance from Dhooma to Kurai is almost 40-41 Kms and therefore interference in such a circumstance is not permissible. Even otherwise, it is a settled principle of law that if employee has any personal difficulty, employer is the best judge to consider the same.

Under such a circumstance, this petition is disposed of by directing the petitioner to make a representation to the Competent Authority i.e. Chief Medical and Health Officer within the period of 10 days from today. If the same is done, the said authority will consider the representation of the petitioner for further 15 days. If petitioner is, at present, working at Primary Health Center Dhooma, he shall be allowed to continue to perform his duty till Signature Not Verified SAN the representation is decided or for the further period of 30 days.

Digitally signed by KUMARI PALLAVI SINHA Date: 2022.01.28 17:32:28 IST

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

With the aforesaid, petition is disposed of.

(SANJAY DWIVEDI) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by KUMARI PALLAVI SINHA Date: 2022.01.28 17:32:28 IST