RAKESH KUMAR MOURYA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioner that by order dated 29/08/2029 (Annexure P2), the petitioner was transferred to Gwalior from Shivpuri. Since the wife of the petitioner is also in a Government job, therefore, she also got herself transferred from Sheopur to Gwalior. It is submitted that once again by the impugned order (Annexure P1) the petitioner has been transferred to Bhopal on administrative ground. It is further submitted that according to the transfer policy, every efforts should be made to keep the husband and wife at the same place and the petitioner has made a representation against his transfer order which is still pending. It is further submitted that the petitioner is undergoing the treatment for depression at Gwalior . It is further submitted that in view of unprecedented Covid- 19 pandemic situation, coupled with the fact that there is a large number of Covid-10 positives at Bhopal, at present it will not be possible for the petitioner to execute the transfer order.

(3.) Per contra, it is submitted by the counsel for the State that the transfer is an exigency of service and the transfer policy is not enforceable by law and there is no absolute bar that if the husband and wife are posted at the same place, then any of those spouses cannot be transferred.