Parmanand Dubey vs Managing Director
2022 Latest Caselaw 13791 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 18th OF OCTOBER, 2022

                                              WRIT PETITION No. 22549 of 2022

                                   BETWEEN:-
                                   PARMANAND DUBEY S/O D.P.DUBEY, AGED
                                   ABOUT 61 YEARS, OCCUPATION: ASSISTANT
                                   GRADE III MADHYA PRADESH POORVA
                                   KSHETRA VIDYUT VITRAN CO. LTD. WEST
                                   DIVISION, DISTRICT   REWA    (MADHYA
                                   PRADESH)

                                                                                          .....PETITIONER
                                   (BY SHRI A.P. SINGH-ADVOCATE )

                                   AND
                           1.      MANAGING DIRECTOR MADHYA PRADESH
                                   POORVA KSHETRA VIDYUT VITRAN CO. LTD.
                                   DISTRICT JABALPUR (MADHYA PRADESH)

                           2.      CHIEF ENGINEER MADHYA PRADESH POORV
                                   KSHETRA VIDYUT VITRAN COMPANY LIMITED
                                   REWA DIVISION DISTRICT REWA (MADHYA
                                   PRADESH)

                           3.      SUPERINTENDENT       ENGINEER MADHYA
                                   PRADESH POORV KSHETRA VIDYUT VITRAN
                                   COMPANY LIMITED REWA DIVISION DISTRICT
                                   REWA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI ANOOP NAIR- ADVOCATE )

                                 This petition coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This petition under Article 226 of the Constitution of India has been filed challenging the transfer order dated 15.09.2022 passed by the respondent no.1 whereby the petitioner has been transferred to Chhindwara from Rewa on Signature Not Verified Signed by: VARSHA DUBEY Signing time: 10/18/2022 6:33:11 PM

administrative ground.

Only ground raised by the counsel for the applicant is that he is going to be retired on 31.08.2023 and less than a year's time is remaining for his superannuation. In terms of the policy of the State Government, an employee who is at the verge of retirement, should not normally be transferred. Counsel has also placed reliance on the judgment passed by this Court in the case of Ramniwas Sharma Vs. State of Madhya Pradesh (W.P.No.7901 of 2022) dated 06.04.2022, in which, in similar circumstances, an interim relief was granted to the petitioner. It is pointed out that a representation has been filed by the petitioner before the respondent No.1, which is pending consideration and

has not been decided till date. An innocuous prayer is made to direct the respondent no.1 to consider and decide the pending representation and till then petitioner be permitted to continue at the present place of posting.

Counsel for the respondent opposes the prayer stating that the transfer of the petitioner is on administrative ground but he does not dispute the fact that the date of the retirement of the petitioner is 31.08.2023.

Considering the overall facts and circumstances of the case and looking to the settled proposition of law as well as policy of Government, this petition is disposed of with a direction to the respondent No. 1 to dwell upon the representation and pass a self contained speaking order within a period of 15 days from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

Till decision on the representation, the petitioner is permitted to continue at the present place of posting, i.e. Rewa.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 10/18/2022 6:33:11 PM

Accordingly, the petition is disposed off. Certified copy as per rules.

(VISHAL MISHRA) JUDGE VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 10/18/2022 6:33:11 PM