GURU PRASAD SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant; a Upper Division Teacher in Government School is before this Court in this intra-court appeal filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalay (Khandpeeth Ko Appeal) Adhiniyam, 2005 taking exception to the order passed by the learned Single Judge in Writ Petition No.24948 of 2022 whereby writ petition filed by the petitioner against the impugned transfer order dtd. 21/10/2022 (Annexure P/1) transferring him from Government Higher Secondary School, Kishupura, Bhind, District-Bhind to Government Middle School Bankheda, Shivpuri, District-Shivpuri (which is at the distance of around 200 kms.) has been dismissed.

(2.) Undisputedly, appellant has served at Kishupura, Bhind for more than three years, however, learned counsel submits that appellant has only 18 months left to reach to the age of superannuation therefore, in the light of the clause 2.7 of the Government Policy dtd. 08/09/2022 (Annexure P-3), he should not be disturbed from the present place of posting enabling him to prepare himself for his settlement after retirement.

(3.) Per contra, Shri Ankur Mody, learned Additional Advocate General for the respondent-State supports the impugned transfer order with the submission that the said policy is not statutory in nature and is of the regulatory nature, therefore, it has no force of law and hence, the impugned transfer order does not warrant any indulgence based upon the said policy.