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SANJAY DWIVEDI
Vinaydeep Khalkho – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Being aggrieved with the order of transfer dated 5th October, 2022 (Annexure P/1) passed by the respondent No.1 transferring the petitioner from Anuppur to Mandla, he made a representation to the authority but that representation has been decided by the authority vide order dated 27.1.2023 (Annexure P/6) rejecting the same without assigning any reason thereof, therefore petitioner has filed this petition s.
2. Learned counsel for the petitioner submits that petitioner raised personal difficulty in his representation saying that his wife is also a government employee and at present she is working nearby a place of posting of the petitioner and after transfer of the petitioner from Anuppur to Mandla, the distance between the place of posting of wife and the applicant would be more than 250 Kms.. Counsel submits that petitioner is having two children and one children is facing some heart problem and getting treatment in Gudgaon (Haryana) and as such it is difficult for the petitioner to comply the order of transfer. He submits that when the representation made by the petitioner was very exhaustive showing personal difficulties and mentioning that nobody has been brought in his
Transfer orders are administrative decisions; without personal representation, objections lack merit.
No vested right for government employee spouses to same or contiguous postings; administrative exigencies and public interest prevail over couple preferences; significant delay in challenge indicates....
Transfers in public service are an incidence of employment, and administrative discretion is upheld unless proven arbitrary.
The court upheld the administrative authority's discretion in transfer orders while ensuring the employee's right to raise grievances through representation.
The court upheld the transfer order and rejection of representation based on the interpretation of the correction order and government guidelines.
The family life of the employee is a consideration in transfer decisions, and the court cannot interfere unless the transfer order suffers from malafides.
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