Munnalal Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 17568 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                            HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                        ON THE 19 th OF OCTOBER, 2023
                                       WRIT PETITION No. 27004 of 2023

               BETWEEN:-
               MUNNALAL KUSHWAH S/O SHRI GOVIND SINGH, AGED
               ABOUT    50  YEARS, OCCUPATION: SERVICE R/O
               SULARKALAN BLOCK KHANIYADHANA DISTRICT
               SHIVPURI (MADHYA PRADESH)

                                                                                    .....PETITIONER
               (BY SHRI S.K.SHARMA- ADVOCATE)

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

               2.          COMMISSIONER,   PUBLIC    INSTRUCTIONS,
                           GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)

               3.          DISTRICT   EDUCATION            OFFICER SHIVPURI
                           (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
               (BY SHRI DEEPAK KHOT- GOVT. ADVOCATE FOR THE STATE)

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

The instant petition is preferred under Article 226 of the Constitution of India being aggrieved by the order dated 5.10.2023 whereby petitioner has been

Signature Nottransferred Verified from Government Primary School Kushwaha Mo. Sularkalan to Signed by: MADHU SOODAN PRASAD Government Middle School Chitara District Shivpuri. Signing time: 19-10-2023 06:26:54 PM

2. It is the submission of counsel for the petitioner that the petitioner is a Primary Teacher and it is a mid-session transfer and his daughters are to appear in board examinations, and therefore, it is a crucial year for their career. Therefore, his case be considered by the competent authority as per law so that he can put forward this predicament before the competent authority. He relied upon the judgment of Division Bench of this Court in the case of Ripudaman Singh Yadav Vs. State of M.P. (W.A.No.1141/2019) passed on 16.07.2019 and relying on that judgment this Court in the case of Neeraj Sharma Vs. State of M.P. and Ors. (W.P.No.21076/2023) passed on 22.08.2023, directed to consider the case of petitioner.

Learned counsel for the State opposed the prayer and prayed for dismissal of petition.

Heard the counsel for the parties and perused the documents appended thereto.

This is a case where petitioner is suffering from mid-session transfer and challenge has been made to it. His daughters are to appear in board examinations which is a defining moment for the career of a child, and therefore, petitioner has substance in the argument regarding his concern for the welfare of the children. This Court in the case of Neeraj Sharma (supra) has already considered this aspect.

Therefore, this petition is disposed of with direction to the petitioner to prefer a representation alongwith certified copy of this order raising all his grievances before the competent authority/respondents, as the case may be, within 15 days from today. If such representation is preferred, then the same Signature Not Verified Signed by: MADHU SOODAN PRASAD shall be considered and decided by the competent authority/respondents in Signing time: 19-10-2023 06:26:54 PM accordance with law within a period of one month from the date of submission

of representation.

Petition stands disposed of in above terms. Till the representation is decided, petitioner shall be allowed to continue at his present place of posting and effect & operation of impugned order dated 5.10.2023 relating to the transfer of petitioner shall remain stayed.

(MILIND RAMESH PHADKE) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 19-10-2023 06:26:54 PM