SMT. ANITA CHOUDHARY Vs. STATE OF M.P.

JUDGEMENT

(1.) Various petitions have been filed by the government servants assailing their transfer order issued by the Government. Though there is policy of the State Government by which certain guidelines have been issued in respect of the transfer orders and for filing representation against the transfer order. It appears that the aforesaid, remedy is not efficacious, so the employees are rushing to this Court for the redressal of the grievances, in place of approaching the authorities to the file representation and seek relief. Grievances, of the employees are in nut shell is as under : -

(2.) THE representation against the transfer order issued within the District, after the approval of concerned Incharge Minister shall be sent to the concerned department.

(3.) From the perusal of the aforesaid, though it appears that the State Govt. has tried to form a mechanism to consider the grievance of the employees against the transfer order, but the aforesaid circular does not provide complete redressal mechanism of the grievances of employees and also in respect of the employees transferred within the district. That various peons, nurses, assistant teachers handicapped persons, seriously ailing employees, women and other employees have been transferred within the district or within the State. Some of the districts are very large, where transfer order has been made in remote areas. Some of the employees are having complaint or genuine personal difficulties against the transfer. Some are complaining for the breach of the transfer policy. If their grievances of the employees transferred within district is redressed at the State level, naturally it will take a long time for the decision because the representation has to be sent by Head of the district to the concerned department. In these circumstances, if the grievance is redressed at the district level by some senior officer, it will be more appropriate, convenient, to consider the problem or difficulty and redressal of the grievances at the district level shall be efficacious remedy. And the employees who are transferred and having genuine difficulty may make representation and their representation shall be considered forthwith. Another flaw in the aforesaid instructions is that though the period of 3 days has been provided for filing representation and 7 days period is provided for the decision but in fact it takes a long time, during this tenure, when the employee is pursuing the remedy of representation is unable to get some protection or relieved, or in the meantime the other employee may also join to the office and this will create certain complications. While framing the aforesaid policy, such circumstances has not been taken care of. Apart from the officer who has been vested with the powers to decide the representation has not been given some discretion for interim protection till the decision of the representation.