RAJESH TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed aggrieved by the transfer order dated 24.09.2020, whereby, the petitioner, who is posted as Incharge Joint Director, School Education Department, Jabalpur, has been transferred from Jabalpur to Bhopal and respondent No.3 has been transferred in his place at Jabalpur.

(2.) Learned counsel for the petitioner submits that the petitioner has less than six months to retire from service and as per Clause 11.8 of the Transfer Policy, the employees retiring within a year are exempted from transfer. It is further stated that his wife is also suffering from medical diseases. It is submitted that he has filed an application/representation dated 25.09.2020 (Annexure A/1) before the authority concerned to cancel his transfer order and prays that the same may be directed to be decided by the authority concerned at the earliest and till then his order of transfer be stayed.

(3.) Learned Panel Lawyer for the State and Shri Manoj Kushwaha, learned counsel appearing on behalf of respondent No.3 though have no objection for deciding the representation but has objected to the grant of interim relief to the petitioner on the ground that the respondent No.3 has already joined at the transferred place.