IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 6 OF FEBRUARY, 2026 WRIT PETITION No. 286 of 2026 DR AJAY KUMAR GUPTA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri D.P. Singh - Advocate for the petitioner.

Smt. Monika Mishra - GA for the respondents/State.

ORDER Petitioner is aggrieved by the order dated 28/5/2025 (Annexure P/1), whereby, he has been transferred from ESI Hospital, Gwalior to ESI Hospital, Nagda. He is also aggrieved by the order dated 27/11/2025 (Annexure P/2), whereby, his representation against the transfer order has been rejected. Petitioner has challenged the aforesaid orders in the present writ petition invoking Article 226 of the Constitution of India. Petitioner also prayed for a direction to respondents to allow him to perform his duties in Hospital at Gwalior.

2. Petitioner was initially appointed as Assistant Surgeon in the year

1990. Since 2004, he has been posted as Assistant Surgeon at ESI Hospital, Gwalior. It appears that he is also discharging the work of Radiologist in the Hospital.

3. The petitioner was transferred from ESI Hospital, Gwalior to ESI Hospital, Nagda vide order dated 28/5/2025. Being aggrieved, he approached this Court by filing W.P. No.22553/2025. The petition was not entertained and vide order dated 27/6/2025, the petitioner was granted liberty to pursue his representation before the competent authority. Still aggrieved, the petitioner challenged the order passed in writ petition by filing W.A. No.1872/2025. Appeal also stood disposed of by the Division Bench on 8/7/2025 directing the respondent/authority to deal with the representation of the petitioner. In compliance of the order passed by the Division Bench, petitioner submitted his representation on 15/7/2025. Since, the representation has been rejected vide impugned order dated 27/11/2025, the petitioner is again before this Court.

4. Challenging the impugned orders, learned counsel for the petitioner submitted that there is no administrative exigency in transferring the petitioner. He vehemently argued that petitioner is the only Radiologist in Hospital at Gwalior and on account of his transfer, there would be no Radiologist in the Hospital which will seriously effect the public in general. Learned counsel laid much stress on the observations made by the Division Bench in para 6 & 7 of its order dated 8/7/2025 and submitted that the respondent/authority failed to appreciate the observations made by the Division Bench and passed the impugned order ignoring such vital observations. He also submitted that the petitioner's wife is suffering age related diseases and therefore, the petitioner is required to be at Gwalior to take care of her. He submitted that the petitioner is senior most doctor and is due for his promotion to the post of Radiologist. However, on account of Govt. not convening DPC, his claim for promotion is in the pipeline.

5. On the other hand, counsel for the State supported the impugned orders. She submitted that petitioner has remained at Gwalior for last 20 years and 10 months. She submitted that the petitioner is substantively hold the post of Assistant Surgeon and therefore, his claim to work as Radiologist in Hospital at Gwalior has no legs to stand. It is her further submission that there are other 15 Assistant Surgeons working in Hospital at Gwalior while in Hospital at Nagda, out of 13 posts of Assistant Surgeons, only 6 posts are occupied while 7 posts are lying vacant. She therefore, submitted that the transfer of the petitioner is based upon the administrative exigency at Nagda.

6. In rejoinder, learned counsel for the petitioner referred to various documents filed alongwith his rejoinder and submitted that petitioner's transfer has been made under the influence of one Rahish Khan, who has been making repeated complaints against the petitioner. It is submitted by him that Shri Rahish Khan is annoyed with the petitioner because of the actio