Sushma Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21958 MP

Madhya Pradesh High Court

Sushma Bhadoriya vs The State Of Madhya Pradesh on 20 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 20 th OF DECEMBER, 2023
                                              WRIT PETITION No. 31172 of 2023

                           BETWEEN:-
                           SUSHMA BHADORIYA W/O SHRI BRAJENDRA SINGH
                           PANWAR, AGED ABOUT 53 YEARS, OCCUPATION:
                           SERVICE R/O OFFICER COLONY SHAJAPUR DISTRICT
                           SHAJAPUR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (SHRI VIVEK PHADKE, COUNSEL FOR THE PETITIONER .

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY DEPARTMENT OF WOMEN AND
                                 CHILD DEVELOPMENT VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    DEPUTY   SECRETARY WOMEN AND CHILD
                                 DEVELOPMENT   DEPARTMENT MANTRALAYA,
                                 VALLABH   BHAWAN,   BHOPAL  (MADHYA
                                 PRADESH)

                           3.    C O L L E C T O R SHAJAPUR       DIST.   SHAJAPUR
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (MS. BHARTI LAKKAD - G.A. FOR STATE) ON ADVANCE NOTICE

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

Petitioner is challenging the order dated 14.12.2023 passed by respondent No.2 whereby the representation submitted by the petitioner against the transfer order dated 4.8.2023 has been rejected.

2. Earlier the petitioner filed W.P.No. 19796/2023 challenging her transfer order from Shajapur to Burhanpur which is 272 kms. The said petition was disposed of with a direction to the petitioner to file fresh representation along with all relevant documents before the respondent No.2 and the respondent No.2 was directed to decide the representation in accordance with law by passing a reasoned and speaking order. By the impugned order dated 14.12.203 her representation has been rejected.

3. At the outset, counsel for petitioner submits that petitioner may be allowed to work at present place of posting till 31.3.2024 because her son is studying in BBA (I year)at Indore and after 31.3.2024 she will execute the

transfer order.

4. Counsel for the State supports the order and submits that petitioner has no right to continue at present place of posting. However, she does not dispute that nobody is posted in place of the petitioner till this date.

5. After hearing learned counsel for parties and taking into consideration the judgment of the Apex court in the case of Director of School Education Madras Vs. O. Karuppa reported in 1994 Supp (2) SCC 666 where under the similar circumstances, the execution of the transfer order was stayed till academic session and also considering the fact that son of the petitioner is studying in BBA (I year) at Indore, the impugned transfer order is stayed till 31.3.2024 and present petition is disposed off with a direction that petitioner shall join at the transferred place after 31.3.2024.

C.c. as per rules.

(VIJAY KUMAR SHUKLA)

JUDGE MK