DHIRENDRA SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission as well as interim relief.

(2.) By this petition, under Article 226 of the Constitution of India, challenge has been made to order dtd. 31/8/2021 (Annexure P/1), whereby petitioner, a Patwari, has been transferred from Tehsil Mehgaon to Tehsil Lahar, District Bhind (M.P.) on the ground of administrative exigency.

(3.) Learned counsel for the petitioner submits the impugned transfer order is in blatant violation of the transfer policy. It is submitted that earlier vide order dtd. 05/07/2019, the petitioner has been transferred from Gram Varah, Tehsil Lahar to Tehsil Mehgaon and in compliance of the said transfer order, the petitioner has joined at Mehgaon, but thereafter vide impugned transfer order within a period of two years, the petitioner has again been transferred from Tehsil Mehgaon Tehsil Lahar, District Bhind (M.P.) on the ground of administrative exigency, though no such administrative exigency exists, which indicates frequent transfer of the petitioner since as per transfer policy itself an employee has to be kept in a particular place atleast for a period of three years. The father of the petitioner is aged about 83 years and has been suffering from various ailments and except the petitioner there is no other male member in the family to take care of his old aged father. The petitioner is having two sons one is studying in B.Com and another son is studying in IX class and due to transfer of the petitioner, their academic career would be adversely affected. It is further submitted that petitioner has already submitted a representation before the competent authority, which is pending consideration. On these grounds, prays for quashing of the impugned order.