Manoj Kumar Richhariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13820 MP

                                                                 1
                           IN      THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 23 rd OF AUGUST, 2023
                                               WRIT PETITION No. 21116 of 2023

                          BETWEEN:-
                          MANOJ KUMAR RICHHARIYA, S/O SHRI RAMESH
                          PRASAD RICHHARIYA, AGED ABOUT 52 YEARS,
                          OCCUPATION:  PRIMARY TEACHER   (PRATHMIK
                          SHIKSHAK), POSTED AT PRESENT GOVERNMENT
                          PRIMARY SCHOOL, AGOR TIKAMGARH (MADHYA
                          PRADESH)

                                                                                               .....PETITIONER
                          (BY SHRI D.K. TRIPATHI - ADVOCATE)

                          AND
                          1.     STATE OF MADHYA PRADESH, THROUGH
                                 PRINCIPAL SECRETARY SCHOOL EDUCATION
                                 DEPARTMENT,     MANTRALYA,    VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.     DIRECTOR, PUBLIC INSTRUCTION, BHOPAL,
                                 DISTRICT BHOPAL (MADHYA PRADESH)

                          3.     DISTRICT EDUCATION OFFICER, TIKAMGARH,
                                 DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                          (BY SHRI ANKIT AGRAWAL - GOVERNMENT ADVOCATE)

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

This petition has been filed seeking the following reliefs:- "I. to call for the relevant record.

II. to issue writ in the nature of certiorari to quash the impugned order dated 10.08.2023 (Annexure P/1).

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 8/24/2023 3:00:38 PM

III. to direct the respondents, to permit the petitioner to continue to work at present place of posting i.e. (Primary Teacher) Prathmik Shikshak at Govt. Primary School Agor, Tikamgarh, District Tikamgarh, M.P. as he not relieved nor joined at transferred place. IV. Any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of this case may also be awarded in favour of the petitioner."

2. This petition has been filed on the ground that the petitioner has been subjected to frequent transfer. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of T.S.R. Subramaniam and others Vs. Union of India and others reported in (2013) 15 SCC 732 and in the case of Dr. Nagaro shivaji Chavan Vs. Dr. Sunil Purushottam Bhamre and others reported in AIR 2019 SC 189.

3. Counsel for the petitioner has made a specific statement that the petitioner is still working at the present place of posting i.e. Government Primary School, Agor, District Tikamgarh and has not yet relieved. It is submitted that he has already preferred a detailed representation before the respondents-authorities requesting for cancellation of his transfer order, but the same is kept pending for consideration before the respondents-authorities and not been decided till date. An innocuous prayer is made to direct the respondents-authorities to consider and decide the pending representation within a stipulated time frame and till then the petitioner may be permitted to continue at the present place of posting.

4. Counsel appearing for the respondents/State has no objection to the innocuous prayer made by the petitioner. It is submitted that he has no information whether the petitioner is relieved or not. Therefore, it may be observed that in case the petitioner is not relieved till date, he is permitted to work at the present place of posting.

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 8/24/2023 3:00:38 PM

5. In such circumstances, this petition is disposed off by directing the petitioner to file a certified copy of this order to the respondent No.3, who in turn is directed to consider and decide the pending representation within a period of 15 days from today and in case the petitioner is still working and not being relieved from the present place of posting, he is permitted to continue till the decision on the representation.

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

7. Accordingly, the petition is disposed off.

8. Certified copy as per rules.

(VISHAL MISHRA) JUDGE taj

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 8/24/2023 3:00:38 PM