HARENDRA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the Counsel for the petitioner that the petitioner is working on the post of Assistant Grade-III at Tahsil Morena and by order dated 5th July, 2019 (Annexure P1) he has been transferred to Tahsil Sabalgarh. The In-charge Minister has made a recommendation to the Collector, Morena to cancel the transfer of the petitioner. It is further submitted that on the recommendation of In-charge Minister, the Collector by order dated 27th July, 2019 (Annexure P4) has cancelled the transfer of three persons but has not taken any final decision on the recommendation made by In-charge Minister in favour of the petitioner. Therefore, the action of the Collector is discriminatory in nature. It is further submitted that in the transfer policy, there is a provision that the transfer of an employee can be done on the recommendation of In charge Minister and accordingly, the Collector, Morena had taken an approval from the In-Charge Minister regarding transfer of the petitioner and once, the In-charge Minister has the authority to approve the transfer, then he has ample authority to recommend the cancellation of transfer and thus, the non-action on the part of the Collector, Morena is contrary to the transfer policy. It is further submitted by the Counsel for the petitioner that the wife of the petitioner is also working in the Government Primary School Keshavpura, District Morena and as per Clause 11.9 of the transfer policy, the wife and husband are required to be posted at the same place.

(3.) Heard the learned Counsel for the petitioner.