DHARMENDRA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition has been filed challenging the order dated 19.7.2019 passed by respondent No. 4 which was communicated to the petitioner on 27.8.2019 whereby, the petitioner has been transferred from Govt. Primary School Bagwaj-I to Govt. Primary Girls Ashram Shala Barganda district Sheopur, M.P., on the administrative ground.

(2.) It is submitted by counsel for the petitioner that the aforesaid order of transfer is being passed just to accommodate respondent No. 5 who has been transferred vide order dated 17.7.2019 on her own request in place of the petitioner. He has further submitted that the aforesaid transfer orders were dispatched on the same day. It is further submitted that the petitioner was not communicated the transfer order well in time rather the transfer order of the respondent No. 5 was communicated immediately. As she was relieved immediately, she submitted her joining at the transferred place and posting and therefore, it appears that just to accommodate respondent No. 5, the petitioner has been communicated the transfer order on 27.8.2019. It is alleged that the transfer order of the petitioner is outcome of the colourable exercise at the end of respondent authorities and has been passed in violation of Clause 1.2, 1.3 and 1.7 of the transfer policy. He has further submitted that the detailed representation has been filed by the petitioner against his transfer order which is pending consideration before the authorities and the same may be directed to be decided expeditiously. Counsel for the petitioner has placed reliance upon the order passed by Gauhati High Court in the case of Jibeshwar Thakuria v. State of Assam and Others reported in (2004) 1 GauLT 347 and has drawn attention of this court to paragraphs 21 of the order.

(3.) Per contra, learned counsel for the State has submitted that the petitioner has been transferred within the same block from one school to another i.e., he was working in Govt. Middle School Bagwaj Development Block Karahal and has been shifted to Govt. Primary School Barganda Development Block Karahal District Sheopur. The aforesaid transfer order has been passed out of administrative exigency. There is no malafide on the part of respondent authorities in passing the impugned order. The petitioner himself is well adverted to the working of school in the area where it exists since very long time. So far as violation of Clauses of the transfer policy as mentioned by the petitioner is concerned, the question was dealt with by Division Bench of this Court in the case of R.S. Chaudhary v. State of M.P I.L.R (2007) M.P. 1329 has held as under :