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Madhya Pradesh High Court
Sharvan Ram Mund vs Union Of India on 26 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10554
1 WP-11016-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 26th OF MARCH, 2026
WRIT PETITION No. 11016 of 2026
SHARVAN RAM MUND
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Prashant Sharma - Advocate for the petitioner.
Shri Praveen Kumar Newaskar - Additional Solicitor General for
UOI.
ORDER
The petitioner has preferred this petition under Article 226 of the
Constitution of India for a direction to respondent no.2 to decide his
representation dated 21-10-2025 by passing a reasoned and speaking
order. He has also prayed for setting aside the transfer order dated 27-06-
2025 or deferring the execution of the same till the decision on his
representation. The petitioner has further prayed for quashing the order
dated 1-8-2025, whereby it is directed that the petitioner shall stand
relieved on 1-4-2026. He has also prayed for a direction to the
respondents to permit the petitioner to work at his present place of
posting till March' 2027 or till his representation (Annexure P-5) is
decided.
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2 . The facts not in dispute in this case are that the petitioner,
working as Inspector (GD), was earlier posted at 157th Battalion BSF,
West Bengal. Vide order dated 18-12-2022, he was transferred to STC,
BSF, Takenpur at Gwalior. The petitioner was then transferred again to
157th Battalion BSF, West Bengal, vide order dated 27-06-2025. The
petitioner made a representation to respondent no.2 against the transfer
order on the ground that his daughter is studying in Class 12th and also
that his daughter is suffering from some psychiatric disorder and is
taking treatment in hospital at Gwalior.
3 . The petitioner's representation was favorably considered, and
vide order dated 1-8-2025, it was directed that the petitioner's transfer
order be kept in abeyance till March' 2026. The order further states that
the petitioner shall stand relieved on 1-4-2026. The petitioner is thus due
for relieving from Gwalior on 1-4-2026.
4 . The petitioner has made another representation on 21-10-2025
stating therein that his son has passed Class 11th and is entering into
Class 12th, and as per the guidelines issued by the Government of India,
Ministry of Home Affairs, an employee whose son/daughter is studying
in Class 12th should not be transferred. The said representation is stated
to be pending before respondent no.2. The petitioner has, therefore, filed
this petition praying for aforementioned reliefs.
5 . The learned counsel for the petitioner submitted that the
Government of India, Ministry of Home Affairs, Director General,
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Border Security Force, has issued OM dated 16-4-2025 issuing
instructions with regard to posting/transfer in grievance cases. Clause
2(3) of the OM provides as under;
"2(3). The only educational ground to be considered
shall be the child(ren) being in 12th standard of their
school when they are living with their parents. Such
cases will generally be considered during the ATO.
However, certain cases can be entertained until 31 March
only."
6 . It is his submission that earlier the petitioner's daughter was
studying in Class 12th, and therefore, the petitioner was accommodated
till the end of March' 2026. Now the petitioner's son has cleared Class
11th and is entering into Class 12th, and therefore, as per the aforesaid
guidelines, the petitioner needs to be accommodated for the coming
academic session 2026-27. Learned counsel further submitted that the
petitioner could not have raised the grievance about his son in his earlier
representation as the contingency did not arise at that point of time.
Now, since he has cleared Class 11th, the petitioner has made a
representation seeking exemption from transfer for the upcoming
session. Learned counsel further submitted that the petitioner's daughter
is suffering from severe psychiatric disorder since 2023 and is taking
treatment in the hospital at Gwalior. He thus submits that necessary
direction be issued to respondent no.2.
7 . Shri Nevaskar, appearing on advance notice on behalf of the
respondents, opposed the prayer made by the petitioner. He submitted
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that when the transfer order was passed on 27-6-2025, respondent no.2
considered the grievance raised by the petitioner with regard to study of
his daughter, and the petitioner was accommodated till the end of the
session in March' 2026. It is his submission that the petitioner never
raised any grievance with regard to his son in his earlier representation.
As an afterthought, the grievance has now been raised vide
representation dated 21-10-2025. Learned counsel also submitted that the
representation is pending since 21-10-2025, however, the petitioner has
intentionally filed this petition at the eleventh hour so as to create an
emergency. The learned counsel submitted that the petitioner knew since
August' 2025 that he would be relieved from 1-4-2026; however, he
neither challenged the transfer order nor challenged the order dated 1-8-
2025 at the appropriate time. The learned counsel further submitted that
the instructions issued vide OM dated 16-4-2025 are to be applied on the
date of passing of the transfer order. Future contingencies cannot be
taken into account while passing the transfer order. He thus submitted
that the petitioner is liable to be relieved on 1-4-2026, as was directed
vide the order dated 1-8-2025, and no further indulgence is warranted.
8. Considered the arguments on admission and submissions made
by learned counsels.
9 . The petitioner is raising personal difficulties in executing the
transfer order in his representation dated 21-10-2025. These difficulties
are necessarily to be looked into by respondent no.2. Interference by the
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Court in transfer matters on the ground of personal difficulties of the
employee is not available. It is thus for respondent no.2 to consider the
grievances raised by the petitioner. The petition is, therefore, disposed
of, directing respondent no.2 to consider and pass a suitable order on the
petitioner's representation dated 21-10-2025.
10. Needless to mention, the difficulties raised by the petitioner
regarding the study of his son and the health issues of his daughter shall
be taken into account while passing the order.
1 1 . The respondent no.2 shall pass appropriate order on
petitioner's representation within 15 days from the date of submission of
a certified copy of this order.
(ASHISH SHROTI)
JUDGE
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