Madhya Pradesh High Court
Smt. Harsha Singh vs The State Of Madhya Pradesh on 18 February, 2013
Review Petition No : 106 / 2013
Smt. Harsha Singh Vs. State of Madhya Pradesh and others
18.02.2013.
Shri Rajendra Tiwari, Senior Advocate, with Ms. Pratichi Dubey for the petitioner.
Shri S.M. Lal, Government Advocate, for the State. This application has been filed for review/recall of an order passed by this Court on 20.12.2012, in Writ Petition No. 21386/2012.
Having heard learned counsel for the parties, it is seen that on 15.7.2012, petitioner was transferred from Jabalpur to Narsinghpur. Challenging the same, petitioner approached this Court in W.P. No. 12296/2012(S), and the writ petition was disposed of on 9.8.2012 with a direction to the competent authority of the State Government to consider and decide the representation of the petitioner and till then status quo was directed to be maintained for a period of six weeks. In the meanwhile, one Smt. Sunita Tiwari was promoted as Senior Scientific Officer and on 6.10.2012 she was posted at Khandwa. The representation submitted by the petitioner in compliance to the order passed on 9.8.2012, in W.P. No. 12296/2012(S) was rejected by the competent authority on 27.11.2012 only on the ground that there is shortage of staff at Narsinghpur and, therefore, the representation cannot be considered.
When the representation was rejected petitioner again approached this Court in W.P. No. 21386/2012 and by the order-dated 20.12.2012, which is sought to be reviewed, this Court refused to interfere into the matter mainly on the ground 2 Review Petition No : 106 / 2013 Smt. Harsha Singh Vs. State of Madhya Pradesh and others that petitioner has been transferred due to shortage of staff at Narsinghpur.
Now, from the material adduced by the petitioner, it seems that after rejection of petitioner's representation and after dismissal of the earlier writ petition i.e.... W.P. No.21386/2012, on 20.12.2012, Smt. Sunita Tiwari has been brought back to Jabalpur in place of the petitioner. This was ordered on 29.12.2012. It is the case of the petitioner that if she was transferred out of Jabalpur to Narsinghpur due to shortage of staff, then it is not known as to why Smt. Sunita Tiwari was brought back from Narsinghpur to Jabalpur. It is stated that on such consideration, petitioner again approached this Court in W.P. No. 1623/2013, but the said writ petition was disposed of with liberty to the petitioner to seek review.
Considering the submission as is made hereinabove, it is clear that a case for review is made out, for the simple reason that the ground on which the earlier writ petition W.P. No. 21386/2012 was dismissed on 20.12.2012, is found to be incorrect, because after transferring the petitioner on the ground of shortage of staff at Narsinghpur, Smt. Sunita Tiwari is posted in place of the petitioner. If that be so, this aspect of the matter has to be considered and a decision taken.
In view of the above, this application is allowed. Order- dated 20.12.2012 passed in Writ Petition No. 21386/2012 is recalled. The said writ petition is restored to its original file.
Petitioner is granted liberty to amend the writ petition and bring to the notice of this Court the subsequent 3 Review Petition No : 106 / 2013 Smt. Harsha Singh Vs. State of Madhya Pradesh and others developments that have taken place and challenge these subsequent developments also.
In the meanwhile, status quo in the matter of posting of the petitioner shall be maintained till appropriate orders are passed by the Appropriate Bench, in Writ Petition No. 21386/2012.
With the aforesaid, the petition stands allowed and disposed of.
Certified copy as per rules.
(RAJENDRA MENON) JUDGE Aks/-