Madhya Pradesh High Court
Manish Mangal vs The State Of Madhya Pradesh on 9 December, 2021
Author: Anand Pathak
Bench: Anand Pathak
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HIGH COURT OF MADHYA PRADESH
Writ Petition No.27151/2021
(Manish Mangal Vs. State of M.P. and others)
Gwalior Bench: Dated 09.12.2021
Shri Anil Sharma, learned counsel for the petitioner.
Shri Devendra Choubey, learned Govt. Advocate for the
respondents/State.
The present petition under Article 226/227 of the Constitution of India has been filed by the petitioner being aggrieved 31.08.2021 (Annexure P/1) whereby the petitioner has been transferred from Morena to Gwalior.
Precisely stated facts of the case are that the present petition is a government employee and is holding the post of Forest Guard and he was posted in Forest Training Centre, Shivpuri with effect from October, 2018 to March, 2019, thereafter, he was posted at Gwalior vide order dated 01.04.2019. Again petitioner was transferred from Social Forestry Gwalior to Social Forestry Morena in the month March, 2020. Father of the petitioner is suffering from paralysis, therefore, he has been advised by Doctor to take bed rest and petitioner's wife is having six months' pregnancy.
Learned Govt.Advocate opposed the prayer and submitted that the transfer is an incident of service and the same is made on the adminstrative exigencies. Petitioner has already been relieved and he has to join at transfer place of posting.
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HIGH COURT OF MADHYA PRADESH Writ Petition No.27151/2021 (Manish Mangal Vs. State of M.P. and others) Heard the learned counsel for the parties and perused the documents appended thereto.
Transfer is an incident of service. No one much less petitioner has any vested right to be posted at a particular place of posting. It is well settled in law that employer is the best judge to organize its work force and it is also well settled in law that a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by malafide or arbitrary exercise of powers which petitioner fails to do so. Concept of equality as enshrined under Articles 14 and 16 of Constitution of India, has no application to the cases of transfers.
Considering the above submission advanced by the parties, no interference in the impugned order is warranted in exercise of powers under Article 226 of the Constitution of India. From the contents of Annexure P/3, it appears that petitioner has already been relieved vide order dated 02.11.2021, Besides that, from the impugned transfer order itself, it appears that Incharge Minister, Gwalior has approved the order and the Collector, District Gwalior and Conservative Forest Social Forestry were intimated about the same. That, apart the impugned transferred order had to be given force with immediate effect and therefore, in all probability, petitioner must have joined the 3 HIGH COURT OF MADHYA PRADESH Writ Petition No.27151/2021 (Manish Mangal Vs. State of M.P. and others) transferred place of posting. Petitioner has also taken the plea of ailment of his father and pregnant wife, however, looking to the fact that petitioner has been transferred from Morena to Gwalior and Gwalior being the Smart City, better treatment is possible there in comparison to Morena, therefore, such plea is of no help to the petitioner. Apparently, no violation of any statute is available on record, therefore, no case for interefence is made out.
Accordingly, the petition sans mertis and is hereby dismissed.
(Anand Pathak) Judge Rashid RASHID KHAN 2021.12.11 16:39:16 +05'30'