RAJ KUMAR KURCHANIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 23/11/2019 passed by the DEO, District Bhind by order No.Transfer/2019/01/DEO/Bhind/75272, thereby transferring the petitioner from Primary School No.1, Daboh, District Bhind to Primary School, Balak Shukalpura, District Bhind.

(2.) It is submitted by the counsel for the petitioner that the petitioner is suffering from disability to the extent of 45%. Although from the year 2005 the petitioner is working at the present place of posting, but since he is the senior most teacher, therefore, his junior should have been transferred. Only 14 months are left for the retirement of the petitioner and the order has been passed during the ban period without seeking prior approval from the Incharge Minister.

(3.) It is the case of the petitioner that he is suffering from 45% disability and as per clause 8.6 of the transfer policy formulated by the School Education Department, generally those employees who are suffering from disability of 40% or more shall not be transferred, however, transfer on their request can be considered. It is submitted that since the petitioner is suffering from 45% disability, therefore, he should not have been transferred. Further, it is mentioned that as per clause 8.2 of the Transfer Policy, generally those employees who are going to retire within a period of one year or less, shall not be transferred. It is further submitted that the approval of the concerning Incharge Minister has not been taken and further, the transfer order has been passed during the ban period.