Ramesh Palsingh Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 17070 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                    HON'BLE SHRI JUSTICE PRANAY VERMA
                                           ON THE 13 th OF OCTOBER, 2023
                                            WRIT APPEAL No. 1754 of 2023

                           BETWEEN:-
                           RAMESH PALSINGH RATHORE S/O SHRI DEVISINGH
                           RATHORE, AGED 52 YEARS, OCCUPATION: FOREST
                           GUARD FOREST RANGE, MANDAV, DISTT. DHAR
                           (MADHYA PRADESH)

                                                                             .....APPELLANT
                           (SHRI RAJEEV KUMAR JAIN, LEARNED COUNSEL FOR THE APPELLANT)

                           AND
                           1.    THE STATE OF MADHYA PRADESH ADDITIONAL
                                 SECRETARY FOREST DEPARTMENT VALLABH
                                 BHAWAN BHOPAL DISTRICT BHOPAL (MADHYA
                                 PRADESH)

                           2.    THE PRINCIPAL CHIEF CONSERVATOR OF
                                 FOREST    (HOFF) SATPURA BHAWAN, BHOPAL
                                 DIST. BHOPAL (MADHYA PRADESH)

                           3.    THE    ADDITIONAL   PRINCIPAL   CHIEF
                                 CONSERVATOR OF FOREST FLOOR WINGH D,
                                 SATPURA BHAWAN (MADHYA PRADESH)

                           4.    THE     CHIEF CONSERVATOR    OF FOREST
                                 NAVRATAN BAGH, FOREST CAMPUS, INDORE
                                 DIST. INDORE (MADHYA PRADESH)

                           5.    DISTRICT  FOREST    OFFICER DIST. DHAR
                                 MANDAV ROAD, DHAR (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                           (SHRI BHUVAN GAUTAM, GOVT ADVOCATE FOR THE
                           RESPONDENTS/STATE)

Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/16/2023
6:31:33 PM
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                                 This appeal coming on for admission this day, Justice Sushrut Arvind
                           Dharmadhikari passed the following:
                                                                ORDER

T his writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 11.09.2023 passed by learned Single Judge in Writ Petition No.9655/2023 by which the petition filed by the petitioner was dismissed as well as a cost of Rs. 5,000/- was also imposed.

2. The appellant is working as Forest Guard, which is Class III post under the District Cadre and as per the service conditions, he could not have

been transferred outside the district as that would substantially affect his service conditions. Vide order dated 17.04.2023 passed by the respondent no.1, appellant stood transferred from the District Dhar to District Burhanpur. Against the said order of transfer, appellant has filed a writ petition which was also dismissed by the learned Single Judge by the impugned order (Annexure A-1). Hence, the present intra Court appeal has been preferred.

3. Learned counsel for the appellant while extending the arguments assailing the order passed by learned Single Judge has made the following submissions:

(i) Learned Single Judge has failed to consider the fact that the post of Forest Guard is a District Cadre Post and by the impugned transfer order appellant has been transferred outside the district which ultimately resulted into change of district due to which his seniority is adversely affecting.

(ii) Learned Single Judge erred in not considering the fact that it has been categorically stated by the respondent no.3 while passing the order dated 04.04.2023 had issued directions to obtain consent of transferee before Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/16/2023 6:31:33 PM

transferring him to Burhanpur. But the aforesaid order was neither brought to the notice of the appellant nor he has submitted any option for choice posting.

(iii) Learned Single Judge taking into account the ground of administrative exigency has erred in considering the fact that there is no question of emergency as the said emergency is subsisting since 1996.

(iv) Learned Single Judge has further imposed a cost of Rs. 5,000/- from the petitioner who is a Class III employee which is unjust.

4. On the other hand, learned counsel for the respondent/State submits that looking to the emergent situation as well as shortage of forest guards in Burhanpur, the order of transfer has been passed. Hence, learned Single Judge has not committed any error in dismissing the writ petition. So far as the ground of seniority is concerned, the said issue already stands resolved vide order dated 05.04.2022 passed by the Single Bench at Gwalior by which though the order of transfer has been upheld, however, it was directed that seniority of Forest Guards shall be maintained at their parent districts and they would not suffer any prejudice or adversity with regard to seniority and promotional prospects in future which was confirmed by the Division Bench by order dated 25.04.2022 passed in W.A. No. 393/2022 by observing that the seniority of Forest Guard maintained at District level shall remain intact. Hence, no interference is warranted in the order passed by the learned Single Judge and the

writ appeal deserves to be dismissed.

5. We have heard, learned counsel for the parties and perused the record.

6 . So far as the question with regard to seniority and promotional prospects are concerned, the same have been taken care off by the order passed by learned Single Judge at Gwalior Bench which has been confirmed in Signature Not Verified Signed by: SEHAR HASEEN Signing time: 10/16/2023 6:31:33 PM

W.A. No. 393/222. Other grounds which have been raised at the Bar on behalf of the appellant can very well be dealt by the respondents, in case the appellants prefer a detailed representation alongwith supporting documents.

7. As regards imposition of cost of Rs. 5,000/- on each of the appellants is concerned, the same appears to be unjust and improper, in as much as every citizen of this country has a right to seek redressal of his grievance by approaching the Courts in such a situation, particularly when there is no suppression/malafide or any kind of allegations levelled against the appellant, imposition of cost cannot be upheld. Accordingly, the order dated 11.09.2023 passed by learned Single Judge is hereby set aside. The present writ appeal is disposed off with the following directions:

(i) The appellant herein may file a detailed representation raising all his grievances before the concerned competent authority alongwith supporting documents and judgments within a period of seven days alongwith certified copy of the order passed today.

(ii) This Court hopes and trusts that if such a representation is filed within the aforesaid period, the concerned competent authority shall bestow conscious consideration on the same and pass a reasoned and speaking order taking into account each and every point raised in the representation, as expeditiously as possible, preferably within a further period of 30 days.

It is made clear that this Court has not expressed any opinion on the merits of the case.

                                (S. A. DHARMADHIKARI)                                   (PRANAY VERMA)
                                         JUDGE                                              JUDGE
                           sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/16/2023
6:31:33 PM





Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 10/16/2023
6:31:33 PM