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NEUTRAL CITATION NO. 2026:MPHC-GWL:4387

1 WP-3958-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ASHISH SHROTI

rd

ON THE 3 OF FEBRUARY, 2026

WRIT PETITION No. 3958 of 2026

SANJAY TOMAR

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Arun Dudawat - Advocate for the petitioner.

Smt. Monika Mishra- GA for the respondents/State on advance copy.

ORDER

This is the second visit of petitioner to this Court. Earlier when he was

transferred vide order dated 10/06/2026 from the Divisional Office, Gwalior

to Vijaypur, District Sheopur, he approached this Court by filing W.P.

No.21852/2025. Challenge to transfer order was made primarily on the

ground that he is the office bearer of Madhya Pradesh ITI Technical

Employees Union (in short 'Union') at City Centre, Gwalior since March'

2024, and therefore, by virtue of Clause 33 of the Transfer Policy, he is

exempted from being transferred. This Court vide order dated 26/6/2025

disposed of the writ petition relegating the matter to respondent no.1 & 2 to

consider the grievance of the petitioner and pass suitable order on his

representation. By way of protection, it was directed that the transfer order of

petitioner be kept in abeyance till decision of his representation.

2. The petitioner accordingly placed copy of order passed by this Court

Signature Not Verified

Signed by: JAI PRAKASH

SOLANKI

Signing time: 2/5/2026

10:33:12 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4387

2 WP-3958-2026

alongwith his earlier representation before respondent no.2, vide application

dated 30/6/2025. In compliance of the Court order, respondent no.2 has

passed the impugned order on 1/12/2025, thereby, rejecting petitioner's

representation. Petitioner is therefore again before this Court challenging the

order of rejection of his representation.

3. Learned counsel for the petitioner challenged the impugned order on

the ground that the petitioner is holding the post of Secretary of the Union

since March' 2024 and the observation in the impugned order that the

petitioner is the Office Bearer of Union for last 8 years is factually incorrect.

He further submitted that respondent no.3 has passed the impugned order on

1/12/2025, however, as a matter of fact, he already stood retired from service

w.e.f. 30/11/2025. Learned counsel also submitted that by virtue of Clause

33 of the Transfer Policy, the petitioner is exempted from being transferred,

and therefore, his transfer vide order dated 10/6/2025 is impermissible and

illegal. Learned counsel further submitted that by virtue of the protection

granted by this Court vide order dated 26/6/2025, petitioner is continuing on

his post at Divisional Office, Gwalior. Therefore, the impugned order dated

1/12/2025 passed by respondent no.3 is liable to be set aside.

4. On the other hand, learned counsel for the State appearing on

advance copy opposed the submissions made by the petitioner's counsel. She

argued that petitioner has been posted at Divisional Officer, Gwalior for the

last nine years and further that one Shailendra Singh Thakur, who was earlier

posted at Vijaypur has been transferred to Divisional Office, Gwalior, and

therefore, there is an administrative exigency in transferring the petitioner to

Signature Not Verified

Signed by: JAI PRAKASH

SOLANKI

Signing time: 2/5/2026

10:33:12 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4387

3 WP-3958-2026

Vijaypur. She further submitted that protection granted under the transfer

policy is always subject to the administrative exigency of the department,

and therefore, the petitioner cannot claim immunity from transfer even when

the exigency warrants his transfer. She thus, prayed for dismissal of the writ

petition.

5. Considered the arguments and perused the record.

6. Impugned order dated 1/12/2025 has been passed by respondent

no.2 rejecting the petitioner's representation against his transfer order. A

perusal of this order goes to show that one Shailendra Singh Thakur, who

was earlier posted at Industrial Training Institute, Vijaypur,