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Madhya Pradesh High Court

Savita Soni vs The State Of Madhya Pradesh on 18 July, 2025

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

          NEUTRAL CITATION NO. 2025:MPHC-JBP:32622




                                                            1                              WP-26596-2025
                             IN      THE     HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                  ON THE 18th OF JULY, 2025
                                               WRIT PETITION No. 26596 of 2025
                                                    SAVITA SONI
                                                       Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                  Shri Shubham Rai - Advocate for the petitioner.
                                  Shri Prabhanshu Shukla - Govt. Advocate for 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 a Middle School Teacher is being sought to be transferred from Govt. Middle School, Dindori, Block Dindori to Govt. Middle School, Kaujhir Mal, Block Shahpura District Dindori.

2. The counsel for the petitioner contends that petitioner is being transferred under the garb of the Circular/Policy, dated 27-08-2024 issued by the Tribal Affairs Department, Bhopal. It is contended by the counsel that the petitioner that the petitioner has been incorrectly declared to be surplus. The counsel contends that the husband of the petitioner is posted in the Municipal Council, Dindori as Assistant Grade-III. The petitioner has to take care of her ailing mother and her son is studying in the Central School, Dindori.

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 7/18/2025 7:54:59 PM

NEUTRAL CITATION NO. 2025:MPHC-JBP:32622 2 WP-26596-2025 3 . The counsel for the State submits that the impugned order is appealable in terms of Clause 6 of the Circular dated 27/08/2024 issued by the Tribal Affairs Department, Bhopal before Collector. Thus, if an 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, therefore, declining interference at this stage, without expressing anything on the merit of the case, the present petition stands disposed of with the direction, that if the petitioner prefers an appeal before Collector, Dindori (respondent No.3 herein) within a period of seven days from today, the 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 Collector, Dindori on the Appeal (whichever is earlier), the petitioner shall be allowed to continue at her present place of posting i.e. Govt. Middle School, Dindori, Block Dindori.

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

(MANINDER S. BHATTI) JUDGE ac Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 7/18/2025 7:54:59 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:32622 3 WP-26596-2025 Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 7/18/2025 7:54:59 PM