B L HANOTE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order of transfer dated 03.12.2019 (Annexure-P/2) as well as the order dated 28.12.2019 (Annexure-P/1) whereby the representation of the petitioner to reconsider his case and to cancel the transfer order has been rejected.

(2.) It is submitted by learned counsel for the petitioner that the petitioner was posted as Lab Technician at Civil Hospital Lanji, District Balaghat. His wife is also a Government Servant. It is stated that the petitioner has been transferred by impugned order dated 03.12.2019 (Annexure-P/2) from Government Civil Hospital Lanji to Community Health Center Khairlanji. Earlier the petitioner has filed W.P. No. 28058/2019 which was disposed of by this Court vide order dated 19.12.2019 with a direction to the respondents to consider the representation of the petitioner. The Competent Authority after considering the representation, dismissed the same vide impugned order dated 28.12.2019.

(3.) The contention of learned counsel for the petitioner is that the transfer order of the petitioner is against the provision of transfer policy dated 16.01.2018 which provides that the husband and wife as far as possible, should be posted at the same place. It is further pointed out that the petitioner having two minor children aged about 7 and 9 years and old parents. He has been transferred at a place which is more than 120 km away. Raising all these grounds, it is prayed that the transfer order may be set aside.