Shyam Singh Saiyam vs The State Of Madhya Pradesh on 23 July, 2025

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Madhya Pradesh High Court

Shyam Singh Saiyam vs The State Of Madhya Pradesh on 23 July, 2025

Bench: Maninder S. Bhatti

         NEUTRAL CITATION NO. 2025:MPHC-JBP:33572




                                                                  1                            WP-28365-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                          HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                      ON THE 23 rd OF JULY, 2025
                                                   WRIT PETITION No. 28365 of 2025
                                                   SHYAM SINGH SAIYAM
                                                          Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri B.K. Shukla - Advocate for the petitioner.
                              Shri Swatantra Pandey - Panel Lawyer for the respondent/State.

                                                                   ORDER

This is a petition assailing the impugned order dated 03/07/2025 (Annexure-P/1) by which the petitioner who is working as Middle Teacher is being sought to be transferred from Government Kanya Shiksha Parisar Dindori, Block Dindori to Government Madhyamik Shala Mudhiya Kala, Block Dindori, District Dindori.

2. Counsel for the petitioner contends that the order has been issued in purported exercise of powers conferred vide circular dated 27/08/2024 issue by Department of Tribal Welfare. It is contended by the counsel that as per circular, employees who have been declared surplus, can be subjected to transfer. Counsel contends that the petitioner was never surplus in the institution where she is working. It is further contended by the counsel that the wife of the petitioner is also working as Middle Teacher in Government Middle School. Therefore, by highlighting the aforesaid and other grounds, the petitioner has made representation which have been brought on record as Annexure P/5 dated 04/07/2025 but the same has not been considered as yet.

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 7/23/2025 6:06:02 PM

NEUTRAL CITATION NO. 2025:MPHC-JBP:33572 2 WP-28365-2025

3. Per contra, learned counsel for the respondent/State submits that the impugned order is appealable in terms of Clause 6 of circular dated 27/08/2024 issued by the Department of Tribal Welfare before Collector, thus, if the appeal is preferred by the petitioner, the same shall be decided by the Collector in accordance with law.

4. In view of the aforesaid as there exists alternate remedy of appeal with the petitioner, thus, declining interference at this stage, without expressing anything on the merit of the case, the present petition stands disposed of with a direction that if the petitioner prefers an appeal before respondent No.3/Collector, Dindori within a period of seven days from today, the respondent No.3/Collector, Dindori shall take decision thereon within a further period of three weeks by passing a well reasoned and speaking order in accordance with law.

5. If an appeal in terms of this order is not submitted within seven days from today this order shall lose its efficacy automatically.

6. For a period of thirty days or till the decision by the respondent No.3/Collector, Dindori on an Appeal (whichever is earlier), the petitioner shall be allowed to continue at his present place of posting i.e. Government Kanya Shiksha Parisar Dindori, Block Dindori, District Dindori.

7. With the aforesaid, the present writ petition stands disposed of .

(MANINDER S. BHATTI) JUDGE sp Signature Not Verified Signed by: SAVITRI PATEL Signing time: 7/23/2025 6:06:02 PM

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