RAVI RAMAN 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 30/09/2019 (Annexure P/1), whereby petitioner while working as In-charge Project Officer Project Narwar District Shivpuri (M.P.) has been transferred as In-charge Superintendent Child Supervision Home Gwalior (M.P.).

(2.) Learned counsel for the petitioner submits that impugned order of transfer is in blatant violation of the transfer policy, in as much as the same has been issued during the ban period. It is also otherwise erroneous because there is no post available at Gwalior on which petitioner has been transferred and as per relevant Rules of 1990, there is no channel of promotion from the post of Project Officer to the post of Superintendent Child Supervision Home, Gwalior (M.P.). The impugned transfer policy falls within the category of "frequent transfers" as within a period of seven months petitioner has been transferred from Narwar to Gwalior in order to accommodate respondent No.2. It is submitted that prior to it in the month of January, 2017 petitioner was posted at Kailaras and thereafter he was transferred to Khaniyadhana and then again in February, 2019 he was transferred to Narwar wherefrom by way of impugned order dated 30/09/2019 he has been transferred to Gwalior. The transfer policy prescribes that an employee shall not be transferred within three years of his posting and as such the same is nothing but frequent transfer which deserves to be interfered with.

(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.