Madhya Pradesh High Court
Virendra Kumar Gautam vs The State Of Madhya Pradesh on 13 October, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 WP-22828-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 22828 of 2025
(VIRENDRA KUMAR GAUTAM Vs THE STATE OF MADHYA PRADESH AND OTHERS ) Dated : 13-10-2025 Shri Rakesh Kumar Chourasiya - Advocate for the petitioner. Shri Prabhanshu Shukla - GA for the State.
Heard on I.A. No. 19241 of 2025 , which is an application for recalling of order dated 3.7.2025 passed by this Court in the present writ petition.
It is contended by the counsel for the petitioner that an order of transfer dated 17.6.2025 was assailed by the petitioner before this Court in the present writ petition on the ground that prior to issuance of the order of transfer dated 17.6.2025, the petitioner was issued another order of transfer dated 15.5.2025, which was executed by the petitioner, yet by subsequent order, the previous order was cancelled. It is contended that in identical circumstances, another employee namely Dr. Vinay Mohan Tiwari, who was also transferred by same order had filed a petition before this Court vide W.P. No. 22170 of 2025 wherein this Court vide order dated 25.6.2025 directed the petitioner therein to continue to work in the office of Civil Surgeon, District Hospital, Satna, as the executed order was sought to be cancelled. It is contended by the counsel for the petitioner that the order dated 25.6.2025 passed by this Court in W.P. No. 22170 of 2025 was not within the knowledge of the petitioner, hence it is contended that in identical set of facts, two different orders have been passed by this Court; by one order interim protection has been granted and by another order, passed in the Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 13-10-2025 17:41:00 2 WP-22828-2025 present case on 3.7.2025, there is directed to decide the representation of the petitioner and till then interim protection has been granted. it is also contended that there is no decision as on date on the representation of the petitioner.
The counsel for the State submits that there was interim protection by this Court for a period of 30 days. The petitioner did not make any effort to seek review of the order passed by this Court on 3.7.2025 in the present writ petition. The petitioner availed the fruits of the interim order passed by this Court and continued at the present place for 30 days. The said period is already over and the petitioner has no option but to join at the place of transfer. The petitioner has also been relieved vide order dated 8.9.2025 (Annexure P-7 filed along with the present application) to join at the place of transfer. In such circumstances, as the petitioner was sitting tight over the matter till he was relieved by the aforesaid order and availed the fruits of the interlocutory order, now the petitioner cannot take recourse to volte face while alleging that in the case of similarly situated employee, notices were issued and interim protection was granted.
Considering the aforesaid, prima facie it appears that two employees in respect of whom the order of transfer was issued initially, by subsequent order, after execution of previous order, they have been transferred elsewhere and in the case of one of employees namely Dr. Vinay Mohan Tiwari, this Court issued notices as well as passed interim order.
Hence, in the aforesaid circumstances, the order dated 3.7.2025 passed in the present writ petition is hereby recalled.
Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 13-10-2025 17:41:003 WP-22828-2025 The petition is posted for hearing on 15.10.2025 .
(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 13-10-2025 17:41:00