Manoj Puravia vs The State Of Madhya Pradesh
2023 Latest Caselaw 1973 MP

                                                                    1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                            CHIEF JUSTICE
                                                                  &
                                                 HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                        ON THE 3 rd OF FEBRUARY, 2023
                                                         WRIT APPEAL No. 138 of 2023

                                     BETWEEN:-
                                     MANOJ PURAVIA, S/O LATE SHRI GANESH PRASAD
                                     PURAVIA, AGED ABOUT 50 YEARS, OCCUPATION:
                                     ASSISTANT SUPPLY OFFICER, PERMANENT RESIDENT
                                     OF SANJEEVANI NAGAR, GARHA, JABALPUR, DISTRICT
                                     JABALPUR (M.P.)

                                                                                              .....APPELLANT
                                     (BY SHRI SAURABH KUMAR TIWARI - ADVOCATE)

                                     AND
                                     1.    THE STATE OF MADHYA PRADESH, THROUGH
                                           PRINCIPAL SECRETARY, MINISTRY OF KHADDYA
                                           NAGRIK     AAPURTI     EVAM     UPBHOKTA
                                           SANRAKSHATA VIBHAG, VALLABH BHAWAN,
                                           BHOPAL, DISTRICT BHOPAL (M.P.)

                                     2.    DIRECTOR, KHADDYA NAGRIK AAPURTI EVAM
                                           UPBHOKTA SANRAKSHATA VIBHAG, VALLABH
                                           BHAWAN, BHOPAL, DISTRICT BHOPAL (M.P.)

                                                                                           .....RESPONDENTS
                                     (BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

                                           This appeal coming on for admission this day, Hon'ble Shri Justice
                                     Ravi Malimath, Chief Justice passed the following:
                                                                     ORDER

Signature Not Verified SAN Shri Suyash Thakur - Government Advocate takes notice for

Digitally signed by REENA HIMANSHU SHARMA respondents no.1 and 2.

Date: 2023.02.08 17:49:00 IST

The plea of the appellant is that the transfer order is bad in law on various grounds. The same was negated by the learned Single Judge. It is presently contended by the learned counsel for the appellant that his son is studying in Class-XII. The examination is scheduled to be held in the month of March or April, 2023. That, if he is allowed to stay till then, he would go a long way to help his son.

Keeping in mind the judgment of the Hon'ble Supreme Court in the case of Director of School Education vs. O. Karuppa Thevan reported in 1994 Supp (2) SCC 666, we deem it just and necessary to defer the order of the transfer.

For all these reasons, the appeal is allowed. The order dated 18.01.2023

passed in WP No.627 of 2023 by the learned Single Judge is set aside. The order of transfer dated 14.11.2022 is deferred. The undertaking of the appellant's counsel is to the effect that appellant will join the transferred place of posting on or before 01.06.2023. His submission is placed on record. Hence, the order of transfer dated 14.11.2022 shall stand deferred, to be implemented w.e.f. 01.06.2023.

                                          (RAVI MALIMATH)                                           (VISHAL MISHRA)
                                            CHIEF JUSTICE                                                JUDGE
                                     rv




Signature Not Verified
  SAN




Digitally signed by REENA HIMANSHU
SHARMA
Date: 2023.02.08 17:49:00 IST