Madhya Pradesh High Court
Kalyan Singh Senger vs The State Of Madhya Pradesh on 17 October, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 17th OF OCTOBER, 2022
WRIT PETITION No. 23292 of 2022
BETWEEN:-
KALYAN SINGH SENGER S/O LATE SHRI
GANPAT SINGH SENGER, AGED ABOUT 61
YEARS, OCCUPATION: WORKING ON THE POST
OF ASSISTANT CONSERVATOR OF FOREST
(S.D.O. FOREST) IN THE OFFICE OF SUB
DIVISIONAL OFFICER FOREST SEONI MALWA
(GENERAL) HOSHANGABAD
(NARMADAPURAM) (GENERAL) FOREST
DIVISION DISTRICT NARMADAPURAM
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHIV KUMAR DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY FOREST
DEPARTMENT MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST
BHOPAL SATPUDA BHAWAN BHOPAL (MADHYA
PRADESH)
3. PRINCIPAL CHIEF CONSERVATOR OF FOREST
ADISMINISTRATION I BHOPAL BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
4. CHIEF CONSERVATOR OF FOREST FOREST
CIRCLE NARMADAPURAM (HOSHANGABAD)
DISTRICT NARMADAPURAM (MADHYA
PRADESH)
5. DIVISIONAL FOREST OFFICER FOREST
DIVISION (GENERAL) NARMADAPURAM
(HOSHANGABAD) DISTRICT NARMADAPURAM
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/18/2022
10:01:28 AM
2
(BY SHRI NAVEEN DUBEY - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Challenge is being made to the transfer order dated 04.10.2022 (Annexure
P-2); whereby the petitioner has been transferred from Sub Divisional Officer
Forest Seoni Malwa (General) Hoshangabad (General) Forest Division to Sub
Divisional Officer, Nepa Nagar (General) Burhanpur (General) Forest Division.
His name finds place at Serial No.25 in the impugned transfer order.
I t is submitted that earlier the petitioner was transferred from Sub
Divisional Officer Forest Sohagpur (General) Hoshangabad (General Forest
Division to Sub Divisional Officer, Forest Seoni Malwa (General) Hoshangabad
(General) Forest Division vide order transfer order dted 16.12.2019 and within a
short span of one year he has again been transferred. The petitioner is due for
retirement on 31.10.2023, therefore, the transfer order is in violation of the
transfer policy. Apart from this, certain medical ailments are pointed out by the
petitioner. He has relied upon the order passed by this Court in the case of
Geeta Jha Disoriya vs. State of M.P. and other (W.P.18675 of 2021); wherein,
in similar circumstances, the petition was disposed of directing the authorities to
consider the representation and till the representation is decided the petitioner
was permitted to continue at the present place of posting. He has prayed for
similar relief to be extended to the petitioner.
P e r contra, counsel appearing for the State has opposed the prayer
submitted that the grounds which have been raised in the petition are not made
out calling interference in the transfer order in view of the judgments passed by
the Division Bench in the case of R.S. Chaudhary and Others v. State of
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/18/2022
10:01:28 AM
M.P. and Others, ILR (2007) MP 1329 and in the case of Mridul Kumar
Sharma Vs. State of M.P. and others reported in ILR (2015) MP 2556.
But he fairly submits that the petitioner is due to retirement on 31.10.2023. A
representation filed by him will be considered by him by the authorities
expeditiously.
Heard the learned counsels for the parties and perused the record.
From a perusal of the record, it is clear that the petitioner was transferred
from Sub Divisional Officer Forest Sohagpur (General) Hoshangabad (General
Forest Division to Sub Divisional Officer, Forest Seoni Malwa (General)
Hoshangabad (General) Forest Division vide order transfer order dted
16.12.2019 and within a short span of one year he has again been transferred.
The petitioner is due for retirement on 31.10.2023. The this Court in identical
circumstances the case of Geeta Jha Disoriya vs. State of M.P. and other
(W.P.18675 of 2021) dated 17.09.2021 has held as under:-
"With the consent of the parties, the matter is heard finally.
Challenge is being made to the order dated 27.08.2021 whereby
the petitioner has been transferred from the office of Commissioner-
cum- Registrar, Co-operative Societies, Bhopal to office of Joint
Commissioner-cum-Joint Registrar, Co-operative Societies, Sagar at a
distant of more than 170 Kms.
The solitary ground for challenging the transfer order is that the
petitioner is at the fag end of her service career and is due to retire on
13.12.2022. It is submitted by the counsel for the petitioner that the
transfer at the fag end of the service career of the petitioner is violative
of condition of the transfer policy. He has placed reliance upon the
orders passed by this Court on 22.07.2020 in Writ Petition
No.9658/2020 [Dr. Jasram Trivedia Vs. State of M.P.] wherein, this
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/18/2022
10:01:28 AM
Court considering the fact that the transfer is violative of Clause 11.8 of
the transfer policy as the petitioner was transferred at the fag end of his
service career has interfered in the transfer order and disposed of the
writ petition directing the respondents to decide the pending
representation and till the decision on the representation, the petitioner
was permitted to continue at the present place of posting.
He has further relied upon the judgment passed by the Division
Bench of this Court in the case of Ripudaman Singh Yadav Vs. State of
M.P. and others reported in 2019 SCC Online MP 1658 wherein
considering Article 38(1) of the Constitution of India, the Court has held
as under :-
"For a public servant to strive towards excellence, it is of
utmost importance that fair and equitable opportunities are made
available by the State. One of the means to achieve this goal of
providing equitable opportunities by the State is to make available
healthy and stress-free working environment for a public servant.
A stress-free working environment is inter alia possible when the
State, functioning as an employer, while effecting transfers takes
into account not only the administrative exigencies/public interest
but also the genuine personal problems of the public servant liable
to be transferred. A balance has to be struck by the employer which
is though difficult but not impossible to achieve. Every government
in it's capacity as an employer owes it to its employees. If this
balance between the administrative exigency and personal
inconvenience is kept in mind before every event of transfer, the
cause of heart burning amongst public servants under transfer
would reduce to the minimum thereby creating a healthy and
congenial atmosphere between the employer and employees which
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/18/2022
10:01:28 AM
in turn contributes greatly to the over all development of the
particular institution and as well as the nation."ÂÂÂÂ
He has prayed for similar relief to be granted to her as she has
already preferred a representation to the respondents, the same is
pending consideration and not being taken care of till date. It is
submitted by the learned counsel for the petitioner that the petitioner
has not been relieved till date.
Per contra, learned counsel for the State has opposed the prayer
and submitted that the transfer policy provides that the employee who is
generally at the fag end of his service career i.e. only one year is
remaining from his date of retirement, he should not generally be
transferred. In the present case, the petitioner is due to retire almost
after 15-16 months, therefore, the aforesaid clause is not applicable to
the case of the petitioner and the transfer is not violative of any of the
terms and conditions of the transfer policy, even the transfer is a
condition of service and the employee like petitioner is required to
comply with the transfer orders, but he could not dispute the fact that in
similar matter interference has been made by this Court considering
Article 38(1) of the Constitution of India and also the fact that the
petitioner is due to retire within 15-16 months.
In such circumstances, this Court deems it appropriate to dispose
of this writ petition with a direction to the petitioner to re-submit a
detailed representation to the respondent No.1 within a period of seven
days and in turn, the respondent No.1 is directed to dwell upon the
representation and pass a self contained speaking order in the said
representation and the outcome be communicated to the petitioner
within a period of 30 days from the date of receipt of certified copy of
this order; and if the petitioner has not been relieved till date, she may
be permitted to continue at the present place of posting i.e. in the office
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/18/2022
10:01:28 AM
of Commissioner-cum-Registrar, Cooperative Societies, Bhopal, till the
decision on the representation.
Needless to mention here that this Court has not commented upon
the merits of the case.
With the aforesaid observations, this petition stands disposed of."
Considering the over all facts and circumstances of the case, this petition
i s disposed of with a direction to the petitioner to submit a fresh detailed
representation to the respondent No.2 within a period of seven days and in turn,
the respondent No.2 is directed to dwell upon the representation and pass a self
contained speaking order in the said representation and the outcome be
communicated to the petitioner within a period of 30 days from the date of
receipt of certified copy of this order.
Considering the fact that the petitioner is due to retire on 31.10.2023, he
may be permitted to work at the present place of posting i.e. Sub Divisional
Officer Forest Seoni Malwa (General) Hoshangabad (General) Forest Division
till the decision on the representation.
Needless to mention here that this Court has not commented upon the
merits of the case.
With the aforesaid observations, this petition stands disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/18/2022
10:01:28 AM
