KALYAN SINGH SENGER Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-10-17
HIGH COURT OF MADHYA PRADESH
Decided on
October 17,2022
Kalyan Singh Senger
Appellant
VERSUS
STATE OF MADHYA PRADESH
Respondents
Referred Judgements :-
R.S. CHAUDHARY AND OTHERS V. STATE OF M.P. [REFERRED TO]MRIDUL KUMAR SHARMA VS. STATE OF M.P. [REFERRED TO]
JUDGEMENT
VISHAL MISHRA, J. -
(1.)Challenge is being made to the transfer order dtd. 4/10/2022 (Annexure P-2); whereby the petitioner has been transferred from Sub Divisional Officer Forest Seoni Malwa (General) Hoshangabad (General) Forest Division to Sub Divisional Officer, Nepa Nagar (General) Burhanpur (General) Forest Division. His name finds place at Serial No.25 in the impugned transfer order.
(2.)It is submitted that earlier the petitioner was transferred from Sub Divisional Officer Forest Sohagpur (General) Hoshangabad (General Forest Division to Sub Divisional Officer, Forest Seoni Malwa (General) Hoshangabad (General) Forest Division vide order transfer order dted 16/12/2019 and within a short span of one year he has again been transferred. The petitioner is due for retirement on 31/10/2023, therefore, the transfer order is in violation of the transfer policy. Apart from this, certain medical ailments are pointed out by the petitioner. He has relied upon the order passed by this Court in the case of Geeta Jha Disoriya vs. State of M.P. and other (W.P.18675 of 2021); wherein, in similar circumstances, the petition was disposed of directing the authorities to consider the representation and till the representation is decided the petitioner was permitted to continue at the present place of posting. He has prayed for similar relief to be extended to the petitioner.
Per contra, counsel appearing for the State has opposed the prayer submitted that the grounds which have been raised in the petition are not made out calling interference in the transfer order in view of the judgments passed by the Division Bench in the case of R.S. Chaudhary and Others v. State of M.P. and Others, ILR (2007) MP 1329 and in the case of Mridul Kumar Sharma Vs. State of M.P. and others reported in ILR (2015) MP 2556.
But he fairly submits that the petitioner is due to retirement on 31/10/2023. A representation filed by him will be considered by him by the authorities expeditiously.
(3.)Heard the learned counsels for the parties and perused the record.
(2.)It is submitted that earlier the petitioner was transferred from Sub Divisional Officer Forest Sohagpur (General) Hoshangabad (General Forest Division to Sub Divisional Officer, Forest Seoni Malwa (General) Hoshangabad (General) Forest Division vide order transfer order dted 16/12/2019 and within a short span of one year he has again been transferred. The petitioner is due for retirement on 31/10/2023, therefore, the transfer order is in violation of the transfer policy. Apart from this, certain medical ailments are pointed out by the petitioner. He has relied upon the order passed by this Court in the case of Geeta Jha Disoriya vs. State of M.P. and other (W.P.18675 of 2021); wherein, in similar circumstances, the petition was disposed of directing the authorities to consider the representation and till the representation is decided the petitioner was permitted to continue at the present place of posting. He has prayed for similar relief to be extended to the petitioner.
Per contra, counsel appearing for the State has opposed the prayer submitted that the grounds which have been raised in the petition are not made out calling interference in the transfer order in view of the judgments passed by the Division Bench in the case of R.S. Chaudhary and Others v. State of M.P. and Others, ILR (2007) MP 1329 and in the case of Mridul Kumar Sharma Vs. State of M.P. and others reported in ILR (2015) MP 2556.
But he fairly submits that the petitioner is due to retirement on 31/10/2023. A representation filed by him will be considered by him by the authorities expeditiously.
(3.)Heard the learned counsels for the parties and perused the record.
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