Inju Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 12901 MP

                                - : 1 :-
                                                          W.P. No.26809/2021


        IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                       BEFORE
            HON'BLE SHRI JUSTICE VIVEK RUSIA

                    ON THE 9th OF AUGUST, 2023

                   WRIT PETITION No. 26809 of 2021

BETWEEN:-
INJU KHAN S/O LATE SHRI ASGAR KHAN, AGED ABOUT 61 YEARS,
OCCUPATION: SERVICE 85 BASANT VIHAR (MADHYA PRADESH)
                                                        .....PETITIONER
(SHRI MANOJ MANAV, LEARNED COUNSEL FOR THE PETITIONER.)

AND
   THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1.
   VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
   COMMISSIONER DEPARTMENT OF HIGHER EDUCATION
2.
   SATPUDA BHAWAN, 5 TH FLOOR (MADHYA PRADESH)
   GOVERNMENT P.G. COLLEGE, DHAR, THROUGH ITS PRINCIPAL
3.
   DHAR (MADHYA PRADESH)
                                                   .....RESPONDENTS
(SHRI SUDARSHAN JOSHI, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENTS/STATE.)


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

1. The petitioner has filed the present petition being aggrieved by order dated 6.8.2021 whereby he has been transferred from Govt. P.G. College, Dhar to Govt. College, Kirnapur, Balaghat. Thereafter, vide order dated 26.11.2021 his representation has also been rejected. Hence, both the aforesaid orders are under challenge.

2. The petitioner has assailed the impugned transfer order as well as

- : 2 :-

W.P. No.26809/2021

the order rejecting his representation on the ground that he is an office- bearer of a recognized association, therefore, he is having immunity from transfer and hence, there is violation of Clause 33 of the transfer policy. His wife is suffering from Covid 19 and she is also posted in District Dhar, therefore, as per Clause No. 23 of the transfer policy, the husband and wife are liable to be posted at one place. The petitioner is not surplus in the college and there are as many as 10 posts lying vacant and no one has been posted in his place. His representation has been decided by the Additional Secretary while as per transfer policy it was to be decided by the Chief Secretary.

3. Vide order dated 6.8.2021, as many as 88 Assistant Professors, Sports Officers, Librarians, etc. were transferred from one college to another college. So far immunity from transfer is concerned, the petitioner was elected as per Annexure P/3 as President of Indore Unit of Shaskiya Mahavidyalaya Shikshak Sangh, Madhya Pradesh on 27.3.2018 for a period of one year which had already expired long back. So far as posting of husband and wife at one place is concerned, there is no mandatory condition in Clause 23 of the transfer policy. The petitioner and his wife both are holding transferable post and are liable to be transferred. In respect of illness of wife, the petitioner has not filed any document to show that she is suffering from Covid. At the present place the petitioner remained posted for the last 22 years and now 2 years during pendency of this petition. It is settled law that the transfer policy is having no statutory force. After the transfer order, the petitioner is required to join the transferred place before submitting the representation. There is no violation of any service condition in transfer of the petitioner. The petitioner has not alleged any mala fide, therefore, the scope of interference by the High Court is very limited as

- : 3 :-

W.P. No.26809/2021

held by the apex Court in the case of (2004) 12 SCC 390 (Medley Minerals India Limited v/s State of Orissa & Others), (1995) 2 SCC 57 (State of Punjab & Others v/s Chaman Lal Goyal), (2015) 1 SCC 642 (Rajendra Kumar Agrawal v/s State of Uttar Pradesh & Others), (2020) 3 SCC 86 (Rajneesh Khajuria v/s Wockhardy Limited & Another) and judgment of this Court in 2011 (3) M.P.H.T. 479 (Bhagwat Singh Verma v/s The State of Madhya Pradesh & Others).

4. In similar facts and circumstances, one Dr. Ishwar Singh Dawar who is Professor in History and posted in Govt. College Sardarpur, District Dhar was transferred to Govt. College, Mhow and being aggrieved by the said transfer order he filed W.P. No.6705/2022 which was dismissed vide order dated 19.1.2023. Against the said order he preferred W.A. No.137/2023 which has also been dismissed by the Division Bench of this Court vide order dated 2.2.2023. Therefore, I have no reason to take a different view.

In view of the above, no interference is called for. The petition is accordingly dismissed.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.08.11 19:15:25 +05'30'