C.B. PANDEY Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER is aggrieved by his transfer from the office of District Education Officer Shivpuri to Government Higher Secondary School Magroni Shivpuri on the ground that his wife is Lecturer at Shivpuri and husband and wife should be posted at the same place as per policy.

(2.) Distance of two places is 55 km. Petitioner's son is under depression and getting treatment from Gwalior, another Lecturer has completed more than 03 years on deputation and, therefore, he should have been repatriated rather to transfer the petitioner. This is settled in law that transfer order can be interfered with only if it runs contrary to the statutory provision, proved to be a malafide one, changes service conditions of an employee to his detriment or issued by an incompetent authority. Mere violation of transfer policy, will not render transfer order as illegal. The Division Bench of this Court reported in, ILR (2007) M.P 1329 [R.S. Choudhary Vs. State of M.P] held as under: -