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VISHAL MISHRA
Kalyan Singh Senger – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Challenge is being made to the transfer order dated 04.10.2022 (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
Consideration of impending retirement and balance between administrative exigency and personal inconvenience in transfer orders.
Transfers of employees nearing retirement must be justified by administrative exigency; otherwise, they are deemed arbitrary and against public policy.
It is true that violation of transfer policy or executive order does not confer any vested right on an employee to challenge it, but the Government is bound by executive orders/policies and the guide....
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