Hemlata Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 2275 MP

                                                             1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                               ON THE 8 th OF FEBRUARY, 2023
                                              WRIT PETITION No. 3188 of 2023

                           BETWEEN:-
                           HEMLATA GOND D/O NARAYAN SINGH, AGED ABOUT
                           38 YEARS, OCCUPATION: PROJECT OFFICER WOMEN
                           AND CHILD DEVELOPMENT PROJECT BAKSHWAHA
                           DISTRICT CHHATARPUR (MADHYA PRADESH)

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

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

                           2.    RAMKUMAR SONI, PROJECT OFFICER WOMEN
                                 AND    CHILD  DEVELOPMENT     PROJECT
                                 BEGUMGANJ, DISTRICT RAISEN (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI GIRISH KEKRE - GOVT. ADVOCATE)

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

Counsel for the petitioner by the instant petition is challenging the order dated 31.01.2023 (Annexure P/1) passed by respondent no.1 whereby the petitioner who is holding the post of Project Officer has been directed to be transferred from Bakshwaha, District Chhatarpur to Begumganj, District Raisen.

Learned counsel for the petitioner submits that the post of Project Officer Signature Not Verified Signed by: SATYA SAI RAO Signing time: 2/9/2023 10:43:34 AM

at Begumganj, District Raisen is not lying vacant but despite that, the authority had issued the order of transfer. He has placed reliance upon a judgment passed by this Court in case of Ashok Kumar Tiwari Vs. State of M.P. and another reported in 2001(1) MPHT 234 wherein this Court has held that if the post is not lying vacant and the order of transfer is made, the said order is illegal and not sustainable.

On the other hand, Shri Kekre, learned counsel for the respondents after seeking instructions about the factual position has apprised this Court that at present, the post of Project Officer is not lying vacant at Begumganj, District Raisen.

Considering the aforesaid, I am quashing the impugned order of transfer dated 31.01.2023 (Annexure P/1) in respect of the petitioner giving liberty to the respondents if they so require, may issue the order of transfer afresh in respect of the petitioner and as such, petitioner be permitted to work at the present place of posting i.e. Project Officer, Bakshwaha, District Chhatarpur.

With the aforesaid, this petition is disposed of. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE rao

Signature Not Verified Signed by: SATYA SAI RAO Signing time: 2/9/2023 10:43:34 AM