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2023 Supreme(MP) 333

SUSHRUT ARVIND DHARMADHIKARI
Maniya – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Vikas Parmar for petitioner; Bhuwan Gautam, Government Advocate, for respondents/State.

ORDER

1. Heard on the question of admission and interim relief.

2. By this petition, under Article 226 of the Constitution of India, challenge has been made to order dated 6.7.2023 (Annexure P/1), passed by the respondent No.3, whereby petitioner, who is a sub-teacher, Primary School, has been transferred from Primary School, Kansangaliya, Block Bhabhra, Khakhrikua, District Alirajpur to Primary School Uparla, Badivegalgaon, Block Sondhwa, District Alirajpur.

3. Learned counsel for the petitioner submits the impugned transfer order is in blatant violation of the transfer policy. It is submitted that the mother of the petitioner is aged about 80 years and the petitioner has to look after her. The son of petitioner is aged about 26 years and is 70% handicapped. The petitioner is at the verge of the retirement and if he is transferred the entire family would suffer. On these grounds, prayer for quashing of the impugned order is made.

4. I n response, learned Government Advocate submits that no interference with the order of transfer is warranted. It is submitted that the transfer policy is only in the nature of guidelines having no statutory force and the impugned order has been purported

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