WARKI LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24.11.2019, by which the petitioner has been transferred from Primary School Bijnakhedi, Tehsil- Susner, District-Agar Malwa to Primary School, Tehsil- Pipaliya Mana, District-Agar Malwa.

(2.) The said transfer order has been challenged by the petitioner on the ground that, the transfer order has been issued during the mid-academic Session as well as ban period imposed by the State Government.

(3.) Learned counsel for the petitioner has relied on the judgment passed by the Hon'ble Supreme Court in the case of Director of School Education, Madras and others vs. O. Karuppa Tehvan reported in 1997 MPLSR 657, which it has been held that an employee should not be transferred during the mid academic session, unless administrative exigency requires. In the present case, it has not been mentioned in the transfer order, for which administrative exigency, the petitioner has been transferred. He further submits that, being aggrieved with the said transfer order, the petitioner has already submitted a representation (Annexure P/2) to the respondent No.2 and the said representation is pending consideration. Therefore, he prays that a direction be given to the respondent No.2 to consider the representation so submitted by the petitioner within a time bound period.