RADHESHYAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 19/07/2019 by which the petitioner, who is working on the post of Teacher, has been transferred from Government Middle School Mayapur, Karahal, District Sheopur to Government Middle School Slamanya, Karahal, District Sheopur. The transfer order has been challenged on the following grounds:-

(2.) By referring to order dated 18/07/2019 Annexure P/2 by which the respondent No. 5 was transferred in place of the petitioner, it is submitted by the counsel for the petitioner that the petitioner was informed about his transfer order dated 19/07/2019 (Annexure P/1), only after the joining was submitted by the respondent No. 5. Prior to that the petitioner was not given any information about his transfer order.

(3.) Although, this fact is not mentioned in the writ petition, however, this fact is mentioned in Clause 1(4) of the writ petition. Without taking any technical view, it is suffice to say that the petitioner has not filed any document by which the petitioner was informed about his transfer. Thus, the contention made by the petitioner about the communication of the order dated 19/07/2019 is merely a submission not supported by any document. However, when a specific question was put to the petitioner that on which date petitioner was posted in Government Middle School Mayapur, Karhal, District Sheopur then he fairly conceded that the petitioner was working in the said school for the considerable long time. Thus, it is not the case of the petitioner that he has been transferred within a short time. If the petitioner has already spent a considerable long time at the present place of his posting then it cannot be said that the transfer of the petitioner is in order to accommodate the respondent No. 5.