MITHLESH PARIHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 6/4/2019, Annexure P/1, by which her representation has been dismissed.

(2.) The necessary facts for disposal of the present petition in short are that the petitioner is working as ANM and was posted at Sub Health Center, Raishri, Satanbada. It is the case of the petitioner that the respondents in order to accommodate the respondent no.5 has transferred the petitioner to Sub Health Center, Chharch, Pohari. Being aggrieved by the order dated 8/3/2019 the petitioner had filed writ petition before this Court, which was registered as Writ Petition No.5882/2019 and the same was disposed of by this Court by order dated 19/3/2019 with a direction to the authorities to consider the representation of the petitioner. However, it was made clear that the petitioner is under obligation to report joining at the transferred place and unless she reports at the transferred place, the authority concerned is not under obligation to take her representation under consideration.

(3.) It is submitted by the counsel for the petitioner that the petitioner has joined at the transferred place and had made a representation, however, without any reason, her representation has been rejected. It is further submitted that under the transfer policy, only the Collector is the competent authority to transfer the petitioner, however, the petitioner has been transferred by CMHO.