IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 11 OF SEPTEMBER, 2023 WRIT PETITION No. 23104 of 2023 BETWEEN:-

JAY PRAKASH SINGH CHAUHAN S/O SHRI SHER BAHADUR SINGH CHAUHAN, AGED ABOUT 53 YEARS, OCCUPATION: SERVICE GRAM HEERAPUR TEHSIL KHANIYADHANA DISTRICT SHIVPURI (MADHYA PRADESH)

.....PETITIONER (BY SHRI S.K. SHARMA - ADVOCATE)

AND

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

2. COMMISSIONER DIRECTORATE OF PUBLIC INSTRUCTION GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)

3. DISTRICT EDUCATION OFFICER SHIVPURI (MADHYA PRADESH)

4. SHRI PRITAM LODHI R/O GAYATRI MANDIR KE PAS, PICHORE, SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI S.S. KUSHWAH - GOVERNMENT ADVOCATE)

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

ORDER

1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved by transfer order dated 31.08.2023, Signature Not Verified Signed by: NEETU whereby petitioner has been transferred from Govt. Primary School Heerapur Khaniyadhana to Govt. Primary School Dorani Block Pohari in District Shivpuri, which is more than 150 km away from the present place of posting.

2. It has been argued by counsel for the petitioner that the petitioner, who is holding the post of Primary Shikshak in the Govt. Primary School Heerapur Khaniyadhana, District Shivpuri, has been transferred from Govt. Primary School Heerapur Khaniyadhana to be posted at Govt. Primary School Dorani Block Pohari in District Shivpuri. It has further been argued that the petitioner is also discharging the work of Booth Level Officer (BLO) in the work of the electoral roll updation and there is specific order of the respondent No.1 not to transfer the teachers/employee working as BLO, but without looking to this provision order Annexure P/1 has been passed and further as per the notification issued by the Election Commission transfer of the election officer is bar, however, the order impugned Annexure P/1 has been passed, which is bad in law. It is further submitted that the wife of the petitioner is also Government servant and she is suffering from kidney stones and is undergoing treatment in the hospital and there is no one else to look after her.

3. On the strength of the above arguments, a limited prayer has been made by counsel for the petitioner that if the respondent/authority is directed to decide his pending representation (Annexure P/8) in accordance with law in a time bound manner, his grievance would be redressed and till then the petitioner be not relieved.

4. Per contra, learned Government Advocate for the respondents/State has submitted that he has no objection if such directions are issued to the respondents/competent authority for deciding the representation.

5. Heard counsel for the parties.

Signature Not Verified Signed by: NEETU

6. After hearing learned counsel for the parties, without adverting to the merits of the matter, the present petition is disposed of with a direction to the respondent no.3-District Education Officer, District Shivpuri/competent authority to decide the pending representation (Annexure P/8) of the petitioner in accordance with law within a period of two weeks from the date of receipt of certified copy of this order. Till then, the petitioner shall not be relieved, if not relieved.

With the aforesaid, the petition stands disposed of.

E-copy/Certified copy as per rules and directions.

(MILIND RAMESH PHADKE)

JUDGE neetu Signature Not Verified Signed by: NEETU