BADAN SINGH NARWARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 05/07/2019 (Annexure P1) passed by respondent No. 2, by which the petitioner has been transferred from the Office of Joint Director, Veterinary Hospital, Gwalior to Veterinary Hospital, Kishupura, District Bhind.

(2.) In the first round, the counsel for the petitioner sought short adjournment on the ground that his file is missing, however, he was requested to go through the record of this Court. Accordingly, the counsel for the petitioner has made his submissions.

(3.) Challenging the order dated 05/07/2019, it is submitted by the Counsel for the petitioner that the petitioner is working on the post of Assistant Veterinary Field Officer which is a Class-III post. The petitioner is also on the verge of his retirement and only three years and nine months are left. The petitioner is the Officer-bearer of the Veterinary Service Union and is working as Vice President of the said Union and thus, the petitioner is exempted from his transfer up-to the tenure. Further, the petitioner has lost his mother and the petitioner has to look after his 80 years old infirm and ailing father and the medical facilities are not available at the place where the petitioner has been transferred. The approval of the in-charge Minister was not taken.