ANUPAM GUPTA Vs. STATE POF M.P.

JUDGEMENT

(1.) Assailing the order dtd. 18/7/2023 passed by the learned Single Judge in dismissing Writ Petition No.16658 of 2023, the writ petitioner is in appeal.

(2.) It is the case of the petitioner that the writ petitioner is a Class IV employee and is presently posted as a Line Attendant in Shahdol. The petitioner has discharged his duties with utmost sincerity and dedication. It is contended that vide impugned order dtd. 26/6/2023 the petitioner has been transferred from Shahdol to Pichhore, Bina which is more than 300 Kms away from the present place of posting. That, the transfer order has been passed without any administrative exigency.

(3.) Challenge made to the impugned order is on the ground that the impugned transfer order has been passed in violation of the fundamental rights of the petitioner. It is submitted that the petitioner has been transferred in a routine manner and there is no administrative exigency. The petitioner is the sole bread earner of his family and he has to look after his ailing parents who require medical attention. It is submitted that the services cannot be transferred under the practice of respondent/company. It is submitted that no one has been transferred in place of the petitioner. It is submitted that the learned Single Judge has failed to consider the fact that the writ petitioner has been transferred to a place which is 300 Km away from the present place of posting. The appellant is the only bread earner of his family and if he is being transferred then he has to face personal difficulty and great hardships in maintaining his family. Hence, this appeal.