IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 18 OF JULY, 2023 WRIT PETITION No. 16583 of 2023 BETWEEN:-

GANESH RAWAT S/O SHRI BABU LAL RAWAT, AGED ABOUT 54 YEARS, OCCUPATION: SERVICE POSTED AS SECRETARY IN GRAM PANCHAYAT KHERADEGWAR JANPAD PANCHAYAT SABALGARH , MORENA (MADHYA PRADESH)

.....PETITIONER (BY SHRI DHARMENDRA NAYAK - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE ZILA PANCHAYAT MORENA THROUGH ITS CHIEF EXECUTIVE OFFICER DISTRICT MORENA , (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SHIRAZ QURAISHI - GOVERNMENT ADVOCATE)

This petition coming on for hearing this day, the court passed the following:

ORDER

In the present matter a caveat has been filed by the Gram Panchayat, where the petitioner is serving as Secretary. The present matter pertains to an order of transfer dated 07.07.2023 to which the present caveator is foreign to. Thus, this Court does not find any reason to entertain the caveator.

Accordingly, caveat application is rejected.

Present Writ Petition has been filed under Article 226 of the Constitution Signature Not Verified Signed by: NEETU of India against the order dated 07.07.2023 passed by respondent No.2, CEO Zila Panchayat, Morena, whereby the petitioner has been transferred from Gram Panchayat Kheradegwar, Janpad Panchayat Sabalgarh to Gram Panchayat Sikrodi Janpad Panchayat Ambah.

Learned counsel for the petitioner argued that the petitioner is presently holding the post of Secretary in Gram Panchayat Kheradegwar, Janpad Panchayat Sabalgarh, District Morena. The mother of the petitioner is old aged and she is heart patient and her treatment is going on and day to day supervision under the local doctor of Sabalgarh. The petitioner is only male and active member in his family to look after his mother's health for an emergency situation. Due to the impugned transfer order, the petitioner would be unable to take care of his mother. He further submits that the impugned order is issued during the ban period, as the ban on transfers were lifted till 30.06.2023. It was submitted that the petitioner has moved representation Annexure P/9 on 11.07.2023 to the respondent No.2 i.e. Chief Executive Officer, Zila Panchayat Morena, which is lying pending and has not been decided till date. Learned counsel submits that if respondent No.2 is directed to consider the representation filed by the petitioner sympathetically and decide it within a time bound frame, his grievance would be redressed and till then the impugned order be stayed.

Per contra, learned Government Advocate has no objection if such directions are issued to the competent authority for deciding the representation, but opposes the prayer for stay of the transfer order.

Heard learned counsel for the parties.

Looking to the limited prayer which has been made by the counsel for the Signature Not Verified Signed by: NEETU petitioner and without commenting on the merits of the case, this petition is disposed of with a direction to respondent No.2 i.e. Chief Executive Officer, Zila Panchayat Morena, to decide the representation as expeditiously as possible preferably within fifteen days from the date of receipt of certified copy of this order.

Till the period of Fifteen days or the date the representation is decided, (whichever is earlier), the effect and operation of the impugned transfer order dated 07.07.2023 Annexure P/1 shall remain stayed and till then the petitioner shall not be relieved from his present place of posting.

C c as per rules.

(MILIND RAMESH PHADKE)

JUDGE neetu Signature Not Verified Signed by: NEETU