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Madhya Pradesh High Court

Smt. Shashi Ahirwar vs The State Of Madhya Pradesh on 10 November, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                BEFORE
                  HON'BLE SHRI JUSTICE VISHAL DHAGAT
                       ON THE 10th OF NOVEMBER, 2022

                   WRIT PETITION No. 25417 of 2022

        BETWEEN:-
        SMT. SHASHI AHIRWAR W/O SHRI SURENDRA
        KUMAR AHIRWAR, AGED ABOUT 39 YEARS,
        OCCUPATION:    WORKING    AS    BLOCK
        COORDINATOR, SBMG, JANPAD PANCHAYAT
        PANNA DISTRICT PANNA (MADHYA PRADESH)

                                                                 .....PETITIONER
        (BY SHRI J.P. PATEL - ADVOCATE)

        AND
1.      THE   STATE  OF    MADHYA   PRADESH
        THROUGHITS    PRINCIPAL   SECRETARY
        DEPARTMENT OF PANCHAYAT RURAL AND
        URBAN DEVELOPMENT VALLABH BHAWAN,
        BHOPAL (MADHYA PRADESH)

2.      THE COLLECTOR , PAN N A DISTRICT PANNA
        (MADHYA PRADESH)

3.      THE   CHIEF  EXECUTIVE   OFFICER, ZILA
        PANCHAYAT     PANNA DISTRICT   PANNA
        (MADHYA PRADESH)

4.      THE CHIEF EXECUTIVE OFFICER, JANPAD
        PANCHAYAT   AJAYGARH DISTRICT PANNA
        (MADHYA PRADESH)

                                                              .....RESPONDENTS
        (BY SHRI MANAS VERMA - GOVERNMENT ADVOCATE)

      This petition has come up for hearing on this day, the court passed the
following:
                                    ORDER

Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging her transfer order dated 18.10.2022 contained in Annexure-

2

P/3 by which she has been transferred from Janpad Panchayat Panna to Janpad Panchayat Ajaygarh, District-Panna (MP).

Learned counsel appearing for petitioner has challenged the impugned order on ground that transfer of petitioner is a midterm transfer and she has been transferred before completion of her tenure period. It is further submitted by him that petitioner has filed a representation (Annexure-P/6) but same has not been considered and decided. Respondents may be directed to consider and decide representation of petitioner.

Learned Government Advocate appearing for State submitted that petitioner has been transferred within the district and there is no infraction of laws and transfer will not affect the petitioner adversely. In this circumstances, this Court may not interfere in transfer order.

Heard the counsel for the parties.

Considering the aforesaid submission, writ petition is disposed of directing respondent No.2 to consider and decide the representation of petitioner by passing a reasonable and speaking order within a period of 30 days from the date of receipt of certified copy of the order passed today.

No opinion is expressed on the merits of the case. With aforesaid direction, writ petition is disposed of. Certified copy as per rules.

(VISHAL DHAGAT) SHABAN JUDGE shabana Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d1 3dda510735, A ANSARI pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE9 0A6E101CF42422711, cn=SHABANA ANSARI Date: 2022.11.11 11:06:04 +05'30'