DASRATH DHAKAD 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 (Annexure P1) passed by respondent No. 2, by which the petitioner has been transferred from Government Primary School, Kalamadh, Pohri, District Shivpuri to Government Primary School, Saite Shala Gajet, Pohri, District Shivpuri.

(2.) It is submitted by the counsel for the petitioner that the petitioner is working on the post of Primary Teacher and the School Education Department of State of Madhya Pradesh has formulated a transfer policy which is Annexure P2. The petitioner has been nominated as District President of recognized Union i. e. MP Karmachari Congress and as per the circular issued by GAD, the petitioner is exempted from transfer for a period of two tenures i. e. four years. It is further submitted that before transferring the petitioner, no option was called for from him, therefore, the transfer of the petitioner is contrary to the basic principle of transfer policy. It is further submitted that the petitioner could have been transferred to nearby places i. e. Government Primary School, Gohra, Government Primary School Kemrora and Government Primary School Sadh, however, the petitioner has been transferred to a place which is about 55 kilometers away from the present place of posting. It is submitted by the counsel for the petitioner that the petitioner has jointed at the present place of posting on 08/07/2013 and the petitioner cannot be treated to be a surplus employee.

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