NIRMALA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.)

(2.) THE petitioner is aggrieved by her transfer from Community Health Centre, Radhogarh to Sub Health Centre, Vijaypur (Radhogarh) on administrative ground. Learned Counsel for the petitioner fairly submits that petitioner is at present place of posting since 1998 and distance between the said two places is only 15 kms. The transfer order is challenged on another ground that the transfer is made to accommodate the private respondent No. 3, who is transferred on her own request and costs. It is stated that it is the case of pure accommodation of an interested employee at the cost of the petitioner. Another ground of challenge is that the petitioner's aged parents and three children are dependent on her, and therefore, transfer will uproot her family. It is also challenged on the ground that as per transfer policy, the entire process should be routed through the District Collector, whereas it has not been done in the present matter. The Apex Court in Shilpi Bose (Mrs) and others Vs. State of Bihar and others [ : 1991 Supp (2) SCC 659] held as under: -

(3.) A Division Bench of this Court in R.S. Chaudhary Vs. State of M.P. and others [(2007) ILR M.P. 1329] has held that transfer order will not get vitiated on violation of transfer guidelines and proper course for the employee in such cases is to prefer a representation and request the departmental authorities to cancel the same.