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2023 Supreme(Online)(MP) 12678
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 19th OF DECEMBER, 2023
WRIT PETITION No. 23239 of 2023
BETWEEN:-
SMT. PRITIBALA SINGH W/O SHYAM SUNDAR
SINGH, AGED ABOUT 51 YEARS, OCCUPATION:
SERVICE D7/18, TRIVENI VIHAR BEHIND D MART
UJJAIN (MADHYA PRADESH)
.....PETITIONER
(SHRI VIKAS JAISWAL, ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH DE-
PARTMENT OF HOME AFFAIRS THROUGH
ADDITIONAL CHIEF SECRETARY VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2.
DIRECTOR GENERAL HOME GUARD AND
CIVIL DEFENCE JAHANGIRABAD, BHOPAL
(MADHYA PRADESH)
3.
DEPUTY
INSPECTOR
GENERAL
HOME
GUARD AND CIVIL DEFENCE JAHANGIRA-
BAD BHOPAL (MADHYA PRADESH)
4.
ROHITASH PATHAK OCCUPATION: COM-
MANDANT CENTRE TRAINING INSTITUTE
DIST. JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MUKESH PARWAL, P.L./G.A. FOR STATE AND SHRI RANJEET
SEN, ADVOCATE FOR RESPONDET No.4)
...................................................................................................................................
Signed by: BAHAR CHAWLA
Signing time: 1/4/2024
4:42:27 PM
Signature Not Verified
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This petition coming on for admission this day, the court passed
the following:
Vikas Jaiswal,Advocate General
Transfer orders issued by the State Government are not subject to the transfer policy and can only be challenged on grounds of illegality.
Headnote:
TRANSFER POLICY - HOME GUARDS - TRANSFER OF DIVISIONAL COMMANDANT
Fact of the Case:
The petitioner, a Divisional Commandant in the Home Guards, challenged her transfer from Ujjain to Jabalpur, citing violation of transfer policy, personal difficulties, and the impact on her son's education.
Finding of the Court:
The court found that the petitioner had served in Ujjain for over five years, that her position was a coveted one, and that her personal difficulties were not sufficient grounds to resist the transfer. The court also held that the transfer policy was not binding on the State Government.
Issues: 1. Whether the transfer order violated the transfer policy. 2. Whether the petitioner's personal difficulties justified resisting the transfer.
Ratio Decidendi: The court held that the transfer order did not suffer from any illegality and that the petitioner's personal difficulties were not sufficient grounds to resist the transfer. The court also held that the transfer policy was not binding on the State Government.
Final Decision: The petition was dismissed, but the petitioner was allowed to make a representation within a week, which would be decided by the respondents in accordance with law.
Heard finally, with the consent of the parties.
2]
This petition has been filed by the petitioner Ms. Pritibala Singh,
who is presently posted as Divisional Commandant, Home Guards,
Ujjain under Article 226 of the Constitution of India against the order
dated 06.09.2023 passed by the respondent No.1. Vide the impugned
order, the petitioner has been transferred from Ujjain to the Central
Training Institute, Jabalpur on the same post.
3]
In brief, the facts of the case are that the petitioner was
appointed on the post of District Commandant vide order dated
11.03.2001, in District Seoni and from there, she was transferred to
Shahdol in the year 2006, and to Vidisha, in the year 2011. In the
month of January 2014, the petitioner was transferred to Jabalpur and
in the year 2019, she has been transferred to District Ujjain on the post
of Divisional Commandant, Home Guards, Ujjain from where she has
been transferred to Jabalpur vide the impugned order dated
06.09.2023.
4]
The grievance of the petitioner is that the transfer order has
been passed in violation of the transfer policy as there was a ban going
on at the relevant time and the husband of the petitioner was also
working at Ujjain only, on the post of Additional Chief Executive
Officer, Zila Panchayat, Ujjain and Chief Executive Officer, Janpad
Panchayat, Ujjain. It is also stated that the petitioner’s son is in class-
12th and is due to appear in the Board Examinations and in the mid-
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term, if her transfer is affected, it would gravely impact the interest of
her son. It is further submitted that a representation in this regard was
also filed by the petitioner, but the same was never decided. It is also
submitted that Jabalpur is around 500 kms from Ujjain and thus, it
would be extremely difficult for her to look after her son, who is in the
crucial stage of his life.
5]
The prayer is opposed by the counsel for the respondent No.4. A
reply has also been filed by the respondent No.4, who has been
transferred to Ujjain from Jabalpur on the post of the petitioner, and it
is submitted that the respondent No.4 has already been relieved from
his post on 07.09.2023, and has already submitted his joining at Ujjain
on 08.09.2023. It is also submitted that the petitioner’s husband was
earlier posted at Indore and in the month of July only he has been
transferred to Ujjain and thus, they have also not resided together in
the earlier posting of petitioner’s husband. It is also submitted that the
transfer of petitioner from Ujjain to Jabalpur was purely
administrative in nature and does not call for any interference.
6]
A reply has also been filed by the counsel for the respondent
Nos.1 to 3/State on the same lines and it is submitted that since the
petitioner has not joined on her post, her charge at Jabalpur has been
given to the other Officer, Ashish Khare on 12.09.2023, and thus, it is
submitted that despite the availability of proper Officer, it is being
headed by another Officer on additional charge affecting the
organization. Thus, it is submitted that the petition deserves dismissal.
7]
In rebuttal, counsel for the petitioner submits that the petitioner
is not averse to the transfer order, however, she is only interested in
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seeing to it that her son is able to give his exams without any
inconvenience and stress. It is also submitted that the petitioner is
ready to be transferred anywhere soon after the exams are over.
Counsel has also relied upon the orders passed by this Court in
identical cases giving a breather to the employee whose child was also
studying in class XII.
8]
Heard counsel for the parties and perused the record.
9]
From the record it is apparent that the petitioner was posted as
Divisional Commandant, Home Guards, Ujjain on 05.07.2019, and
she has been transferred to Jabalpur on the same post vide order dated
06.09.2023. Thus, apparently, the petitioner has already completed
around
