Madhya Pradesh High Court
Smt Laxmi Lolanki vs The State Of Madhya Pradesh on 19 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:12304
1 WP-20486-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 19th OF JUNE, 2025
WRIT PETITION No. 20486 of 2025
SMT LAXMI LOLANKI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri D.P. Singh - learned counsel for the petitioner.
Shri S.S. Kushwaha- learned Government Advocate for the
respondents/State.
ORDER
1 . The petitioner has filed this writ petition challenging order dated
10/06/2025 (Annexure P/1), whereby she has been transferred from the
District- Morena to the District- Datia on administrative ground. The
petitioner is holding the post of Assistant Superintendent of Land Records.
2. Learned counsel for the petitioner submits that the petitioner's son is
pursuing his studies in Class-XI at Morena. He further submits that
petitioner's husband is also in Govt. service and is posted at Dabra and,
therefore, the impugned order of transfer shall cause serious prejudice to the
studies of petitioner's son. He has placed reliance upon the Division Bench of
judgment of this Court in the case of Ripudaman Singh Yadav Vs. State of
M.P. and others passed in W.A. No.1141/2019 on 16/07/2019, therefore, he
submits that transfer order is bad in law and needs interference by this
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Court.
3. Learned counsel for the respondents supports the impugned order
and submits that as many as 34 incumbents have been transferred by way of
the impugned order. He further submits that the petitioner is holding
executive post and her transfer has been made based upon the administrative
exigency. He further submits that personal difficulty expressed by the
petitioner cannot be a ground for interference by this Court in this writ
petition. He, therefore, submits that petition deserves to be dismissed.
4. Considered the arguments and perused the record.
5. The Division Bench of this Court in the case of Ripudaman Singh
Yadav (supra) while dealing with somewhat similar situation observed as
under:-
"In the conspectus of the aforesaid
discussion, this Court is of the considered
view that the public servant whose children
are pursuing their career in the higher
secondary stage of education, ought not to be
disturbed barring emergent situation where
transfer cannot be avoided or deferred."
6. After observing so, the Division Bench issued certain directions to
State Government to the effect that while making transfers the aspect of
studies of wards of employees particularly studying in Class-XIth and XIIth
needs to be taken into account. The petitioner has already made
representation to respondent no.1 which is placed on record as Annexure P/8.
7. In view of the above, this writ petition is disposed off directing
respondent no.1 to consider the petitioner's representation made on
11/06/2025 (Annexure P/8) and pass the suitable order in this regard keeping
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in account the judgment passed by this Court in the case of Ripudaman
Singh Yadav (supra).
8. Let this exercise be done within a period of 30 days' from the date
of furnishing of the certified copy of this order. The petitioner undertakes to
furnish the certified copy of this order to respondent no.1 within seven
working days from today.
9. Till the representation is decided, the petitioner's transfer by the
impugned order dated 10/06/2025 shall be kept in abeyance and she would
be allowed to work at the present place of her posting.
10. With the aforesaid, this writ petition is disposed off.
(ASHISH SHROTI)
JUDGE
rahul
