Madhya Pradesh High Court
Ashish Shrivastava vs The State Of Madhya Pradesh on 5 February, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 5 th OF FEBRUARY, 2024
WRIT PETITION No. 2414 of 2024
BETWEEN:-
ASHISH SHRIVASTAVA S/O SHRI PRADEEP
SHRIVASTAVA, AGED ABOUT 43 YEARS, OCCUPATION:
SERVICE WORKING AS BLOCK PROGRAM MANAGER
IN RAUN DISTRICT BHIND (MADHYA PRADESH)
.....PETITIONER
(BY SHRI D.S.RAGHUWANSHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY DEPARTMENT OF PUBLIC HEALTH
AND FAMILY WELFARE, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. THE CHIEF ADMINISTRATIVE OFFICER NHM
LINK ROAD NO.3 PATRAKAR COLONY BHOPAL
(MADHYA PRADESH)
3. THE CHIEF BLOCK MEDICAL OFFICER
COMMUNITY HEALTH CENTER RAUN BHIND
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI NEELESH SINGH TOMAR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
1 . The present petition under Article 226 of the Constitution has been preferred by the petitioner against the orders dated 04.10.2022 and 12.01.2024 passed by the respondents No.2 and 3 respectively whereby petitioner has been Signature Not Verified Signed by: RASHID KHAN Signing time: 07-02-2024 06:48:00 PM 2 transferred from Bhind to Datia and thereafter he has been relieved from his services.
2. It is the submission of learned counsel for the petitioner that the petitioner has been appointed in the year 2009 and he is working on the post of Block Progamme Manager in Raun. Withing a period of one year of his appointment, petitioner was transferred to Barwani Rajpur, District Indore. Thereafter in January, 2016, petitioner was again transferred to Raun, District Bhind and still he is working there. According to the petitioner, his old parents are resided at Datia where his brother alone takes care of them, therefore, petitioner made a request to his transfer from Raun to Datia where both the brothers can take care of their old parents. While accepting the request of petitioner, he was transferred to Datia vide order dated 04.10.2022 but he has not been relieved by the department.
3. Thereafter, he submitted an application for relieving him but the same was received by him with the note that now there is no other employee to take charge of petitioner. After more than 15 months, petitioner has been relieved from the present place of posting. It is further submitted that father of petitioner is suffering from many diseases including cardiology problem which requires regular attention and his daughter is a student of Class VI and during midterm, transfer of petitioner may affect her studies and because of his transfer, petitioner will not serve his family properly, therefore, he prayed for setting aside the impugned orders dated 04.10.2022 and 12.01.2024.
4. Learned Government Advocate for the respondents/State opposed the prayer and submitted that transfer is an incident of service and every employee is duty bound to join the place where he was transferred. Therefore, he prayed for dismissal of this petition.
Signature Not Verified Signed by: RASHID KHAN Signing time: 07-02-2024 06:48:00 PM 3Heard.
5. 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.
6. In the case in hand, earlier the petitioner was made a personal request for transfer of his service, therefore, he was transferred from Bhind to Datia on personal expenses. However, he was not relieved at that point of time. Vide impugned order dated 12.01.2024, he has been relieved. Now he has to give his joining at Community Health Centre Seonda, Datia. When the petitioner himself sought transfer on personal request then this Court has no scope for interference because the petitioner himself opted for such transfer. Although, transfer executed belatedly but meanwhile petitioner never withdrew its consent or made any request for recalling of the said transfer order. He has no other option but to comply the order. Therefore, no case is made out for interference.
7 . Accordingly, petition sans merit and is hereby dismissed. However, after joining at transfer place, he may be at liberty to raise his grievance before the appropriate authority in accordance with law.
(ANAND PATHAK) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 07-02-2024 06:48:00 PM 4 Signature Not Verified Signed by: RASHID KHAN Signing time: 07-02-2024 06:48:00 PM