Madhya Pradesh High Court
Shivram Singh Dohre vs The State Of Madhya Pradesh on 20 June, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 20th OF JUNE, 2025
WRIT PETITION No. 20884 of 2025
SHIVRAM SINGH DOHRE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Krishna Kartikey Sharma - Advocate for the petitioner.
Mr. Naval Kishore Gupta - Government Advocate for the State.
ORDER
The petitioner, who is working as Panchayat Coordinator is aggrieved
by the order dated 10.06.2025 (Annexure P-1), whereby he has been
transferred from Janpad Panchayat, Isagarh, District Ashoknagar to Janpad
Panchayat, Aron, District Guna on administrative grounds.
2. Counsel for the petitioner submitted that the petitioner's daughter is
presently studying at class-XII at Isagarh. He submits that the petitioner's
wife is also a government servant and posted at the same place. He also
submits that the petitioner is office bearer of M.P. Panchayat Coordination
Officer, Sangha, and, therefore, he cannot be transferred. The counsel for the
petitioner relies upon the judgment of Division Bench passed by this Court in
the case of Ripudaman Singh Yadav Vs. State of M.P. and others in
W.A.No.1141/2019 and submits that while passing the transfer order, the
respondents are required to consider the fact that petitioner's daughter is in
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class-XII.
3 . On the other hand, learned State counsel opposes the prayer made
by the petitioner and submits that the impugned order of transfer is passed on
administrative exigency of the government and does not warrant any
interference in the said case. He further submits that the transferred place of
the petitioner is only about 70 to 80 km away from the present place of
posting. Therefore, he prays for dismissal of the petition.
4. The Division Bench of this Court in the case of Ripudaman Singh
(supra) has considered the issue of transfer of a government employee, when
his ward is studying particularly in class 11 and 12. The Division Bench has
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.
5 . It is found that the petitioner has already made a representation to
respondent no.2 on 14.06.2025 and the same is pending consideration.
6 . In view of the aforesaid, this petition is disposed of directing
respondent no.2 to consider the issues raised by the petitioner in his aforesaid
representation, keeping in view the observation made by this Court in the
case of Ripudaman Singh (supra) and pass a suitable order on the
representation filed by the petitioner within a period of 30 days from the date
of submission of certified copy of this order.
7. The petitioner undertakes to communicate the certified copy of this
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order to respondent no.2 within a period of seven days.
8. Learned counsel for the petitioner submits that the petitioner has not
been relieved so far and nobody else has been posted at his place. Therefore,
for a period of 45 days, the impugned order of transfer shall remain stayed.
(ASHISH SHROTI)
JUDGE
bj/-
