ASHOK KUMAR SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition, under Article 226 of the Constitution of India, challenge has been made to order dated 23/11/2019 (Annexure P/1), whereby petitioner working as UDT (English Teacher) has been transferred from Government Girls H.S. School Datia to Government Middle School Methanapahuj, Block Bhander District Datia.

(2.) Learned counsel for the petitioner submits that the impugned order of transfer is in blatant violation of the transfer policy; clause 8.10 whereof prescribes that an employee who is office bearer of the recognized union can not be transferred for two consecutive terms i.e. four years. Petitioner has been elected in the year 2016 and has been transferred within three years only. It is also submitted that son of the petitioner is studying in class 12th in Datia and the transfer order has been passed in mid- session.

(3.) Per contra, learned G.A. submits that no interference is warranted with the order of transfer as the same has been passed in administrative exigencey and the policy is merely in the nature of guideline having no statutory force.