O R D E R

Heard on the question of admission.

The petitioner has filed the present petition being aggrieved by the order dated 25.09.2020 whereby she has been transferred from the post of District Transport Officer, Barwani to the office of Regional Deputy Transport Commissioner, Indore as

Assistant Road Transport Officer [ARTO- in short].

(2). mainly on the ground that she was appointed as District Transport Officer[ DTO – in short] vide order dated 28.12.2016 and posted at District Transport Officer, Ujjain and thereafter, vide order dated 13.07.2017 she was transferred on the administrative ground from district Ujjain to district Agar Malwa as DTO . The petitioner has duly executed the aforesaid order. Due to some compelling circumstances prevailing at that time she submitted a representation seeking transfer from district Agar Malwa to Office of Divisional Deputy Commissioner, Indore and accordingly vide order dated 20.07.2018 she was again transferred to the post of ARTO in the Office of

Divisional Deputy Commissioner Indore. The petitioner was further transferred on the administrative ground from Indore to Barwani vide order dated 03.04.2019 and now vide impugned order within one and a half year of her tenure she has been again transferred to the Office of Divisional Deputy Commissioner, Indore as ARTO. Hence, the petitioner is alleging malafide, arbitrariness against the respondents. The petitioner is assailing the impugned order on the ground of frequent transfer and alleges that there is no administrative exigency behind her transfer without completing the normal tenure of three years. The petitioner is also alleging that she has been shifted from Barwani to accommodate respondent no.2.

(3) 29.09.2020. Learned counsel for the petitioner has argued that the petitioner has been transferred as ARTO in the Office of Divisional Deputy Commissioner, Indore but there is no such post of ARTO in the office, therefore, there could be an issue of drawing salary. The government advocate was directed to obtain instructions. On 30.09.2020 by way of interim relief, the petitioner was permitted to perform the duties of District Transport Officer,

Barwani.

(4) 21.12.2020, this Court has observed that “during the course of argument it has been transpired that the post of ARTO is available at Indore”.

(5) keep the original record of the transfer order available on the next date of hearing. Today OIC is present along with the record.

(6) petition justifying the impugned transfer order and denied the allegations levelled by the petitioner. Annexure-R/3 is filed to show that one post of ARTO is lying vacant in the office of Divisional Deputy Commissioner, Indore hence, there is no substance in the ground raised by the petitioner that she has been transferred to a place where there is no post of

ARTO.

(7) on the ground she is a victim of the frequent transfer but this ground is also not tenable because the petitioner was appointed as ARTO vide order dated 28.12.2016 and posted in the Office of District Transport Office, Ujjain. Vides order dated 13.07.2020 she was transferred from Ujjain to Agar Malwa as DTO. Within a year she requested her transfer to Indore therefore, vide order dated 20.07.2018 she was transferred to Indore as ARTO in the Office of Divisional Deputy Commissioner Indore therefore, that was not a transfer on the administrative ground and the petitioner cannot allege that she was transferred within a period of one year. The petitioner did not raise any objection about her posting as ARTO because that was her choice posting at that time . Thereafter, vide order dated 03.04.2019 she was transferred as District Transport Officer Barwani. Since she was posted to work as District Transport Officer Barwani i.e. independent charge, she did not raise any objection of frequent transfer regardless it was a transfer within a period of one year and now by impugned order when she has been transferred from Barwani to Indore, she is making so much