Smt. Sapna Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 13700 MP

                                                              1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                ON THE 22 nd OF AUGUST, 2023
                                              WRIT PETITION No. 20711 of 2023

                          BETWEEN:-
                          SMT. SAPNA SHARMA W/O SHRI SUDHEER SHARMA,
                          AGED ABOUT 54 YEARS, OCCUPATION: ACCOUNTANT
                          B.ED. COLLEGE GOVT. QURTER-16 3/12 TIHARA ROAD,
                          DISTRICT KHADNWA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI KAMAL SINGH RAJPUT - ADVOCATE )

                          AND
                          1.     THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN   BHOPAL
                                 (MADHYA PRADESH)

                          2.     THE     COLLECTOR K H A N D W A DISTRICT
                                 KHANDWA (MADHYA PRADESH)

                          3.     THE DISTRICT EDUCATION OFFICER KHANDWA
                                 DISTRICT KHANDWA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE )

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

Assailing the transfer order dated 10.08.2023 (Annexure P/1) passed by respondent No.3-District Education Officer whereby the petitioner working as Accountant has been transferred from P.G.B.T. Khandwa to Urdu Girls Higher Secondary School Khandwa, the present writ petition has been filed.

2. The main ground taken by the petitioner assailing the transfer order is that Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/25/2023 5:48:30 PM

the transferred place is too far and has shown personal inconveniences to join at transferred place including the fact that she is a woman and it would be difficult for her to join at transferred place.

3. Counsel appearing for the respondents has opposed the contentions and has submitted that the impugned order which is on administrative exigency has been passed on a concurrence of Collector and after due approval of the Minister-in-charge. The impugned transfer of the petitioner is within the same circle in a short distance within 2-3 Kms.

4. Be that as it may, the Court is not inclined to look into this aspect of the matter. No employee has a right to remain posted at a place of his/her choice

for innumerable years. The transfer being an incident of service and a measure of administrative exigency cannot be questioned in a court of law unless the same is said to be mala fide. In case there is any violation in the terms and conditions of the transfer policy, the only remedy available to the employee is to prefer representation in terms of the judgment passed by this Court in R.S. Chaudhary vs State of M.P. reported in ILR (2007) MP 1329. The petitioner who has been transferred from P.G.B.T. Khandwa to Urdu Girls Higher Secondary School Khandwa which is barely few kilometers away, cannot make a grouse of it. There is no ground to interfere with the impugned transfer order.

5. Counsel appearing for the petitioner could not dispute the fact that the transferred place is only at a distance of 2-3 Kms. from the present place of posting and she is working since long at the present place.

The petitioner cannot even go and join at a distance of 2-3 Kms. within the same city and has chosen to file a writ petition under Article 226 of the Constitution, the same amounts to misuse of process of law.

6. No such extraordinary circumstances are pointed out by the petitioner Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/25/2023 5:48:30 PM

warranting interference in the transfer order.

7. Since the petition prima facie is frivolous, the same is dismissed with costs of Rs.5000/- which shall be recovered from the petitioner and deposited with the M.P. High Court Employees Association, Jabalpur (S.B.A/c No.519302010000235, Union Bank of India, High Court Branch, Jabalpur).

(VISHAL MISHRA) JUDGE vinod

Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/25/2023 5:48:30 PM