Smt. Kamla Kulaste vs The State Of Madhya Pradesh
2025 Latest Caselaw 509 MP

Madhya Pradesh High Court

Smt. Kamla Kulaste vs The State Of Madhya Pradesh on 8 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:21789




                                                                1                                 WP-16267-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                     ON THE 8 th OF MAY, 2025
                                                 WRIT PETITION No.16267 of 2025
                                                 SMT. KAMLA KULASTE
                                                        Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri K.C. Ghildiyal - Senior Advocate with Shri Kapil Sharma - Advocate for the
                           petitioner.
                              Shri Suyash Thakur - Government Advocate for the respondents/State.

                                                                    ORDER

This petition has been filed by the petitioner assailing the order dated 25/04/2025 passed by respondent No.5, whereby petitioner who is working on the post of Assistant Warden has been transferred from Netaji Subhash Chandra Bose Girls Hostel Maniksara, Block Bijadandi, District Mandla to Netaji Subhash Chandra Bose Girls Hostel Gadra, Block Niwas, District Mandla.

The brief facts necessary for disposal of the petition are that the

petitioner was appointed vide order dated 12/12/2005 on the post of Assistant Hostel Warden for Girls Hostel Mandla on contract basis. Initially, the appointment was made for a period of six months, which was extended from time to time. The meeting of District Appointment Committee of Samagra Shiksha Abhiyan was held on 22/04/2025. In pursuance to the decision dated 22/04/2025 taken by the Committee, the impugned order has been passed

NEUTRAL CITATION NO. 2025:MPHC-JBP:21789

2 WP-16267-2025 transferring the petitioner from Netaji Subhash Chandra Bose Girls Hostel Maniksara, Block Bijadandi, District Mandla to Netaji Subhash Chandra Bose Girls Hostel Gadra, Block Niwas, District Mandla. Therefore, this petition has been filed.

It is argued that petitioner is still working there and she has not been relieved till date. She has made a representation to the respondents/ Authorities which is pending consideration. The basis on which transfer has been made is Annexure-P/4 dated 17/12/2019, however the said letter reflect that the transfer had to be implemented up to 31/05/2020. Thereafter, there is no extension order shown by the Authorities. Based upon the said letter, Authorities have taken a decision to transfer the petitioner. It is pointed out that in Annexure-P/1, petitioner's name is at Sr.No.5, who is being replaced

by candidate at Sr.No.9. Even the candidate at Sr.No.9 has given a representation to the Authorities requesting not to transfer her from the present place of her posting.

Learned State counsel has vehemently opposed the contentions but has failed to substantiate that how the Authorities have transferred a contractual employees in the light of judgment passed by Full Bench of this Court in the case of Ashok Tiwari Vs. M.P. Textbook Corporation Vs. M.P. Textbook Corporation reported in 2010 (2) MPLJ (FB) 662 and the judgment passed by Division Bench of this Court in the case of Seema Pasi Vs. The State of M.P. and others decided on 25/09/2021 in W.A. No.281/2021.

Under these circumstances and taking note of the aforesaid judgments, this Court deems it appropriate to direct the respondents/Authorities to

NEUTRAL CITATION NO. 2025:MPHC-JBP:21789

3 WP-16267-2025 consider and decide the pending representation of the petitioner within a period of 45 days from the date of receipt of certified copy of this order and communicate the outcome to the petitioner. The Authorities are also directed to give audience to the petitioner prior to passing any final order.

It is made clear that till the final decision is taken by the Authorities on the representation, petitioner be permitted to continue at her present place of posting i.e. Netaji Subhash Chandra Bose Girls Hostel Maniksara, Block Bijadandi, District Mandla.

With aforesaid observations, petition stands finally disposed of. No order as to cost.

(VISHAL MISHRA) JUDGE

Shbhnkr