Madhya Pradesh High Court
Pravesh Kumar Pandre vs The State Of Madhya Pradesh on 23 August, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 W.P. No.21272/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 23rd OF AUGUST, 2023
WRIT PETITION No.21272 of 2023
BETWEEN:-
PRAVESH KUMAR PANDRE S/O SHRI VIPATLAL
PANDRE, AGED ABOUT 49 YEARS, OCCUPATION:
PRIMARY TEACHER, GOVERNMENT MIDDLE
SCHOOL, RAMPURI (23431113402) SANKUL
KENDRA, GOVERNMENT HIGHER SECONDARY
SCHOOL, CHAND, TEHSIL CHAND AND BLOCK
CHAURAI, DISTRICT CHHINDWARA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AMIT PURI GOSWAMI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH ITS SECRETARY DEPARTMENT
OF SCHOOL EDUCATION MANTRALAYA
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE COMMISSIONER PUBLIC
INSTRUCTION, DEPARTMENT OF
EDUCATION MADHYA PRADESH BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
3. THE COLLECTOR CHHINDWARA DISTRICT
CHHINDWARA (MADHYA PRADESH)
4. THE DISTRICT EDUCATION OFFICER
CHHINDWARA DISTRICT CHHINDWARA
(MADHYA PRADESH)
5. THE BLOCK EDUCATION OFFICER, BLOCK
CHURAI DISTRICT CHHINDWARA (MADHYA
PRADESH)
6. THE PRINCIPAL GOVERNMENT HIGHER
SECONDARY SCHOOL GOVERNMENT
Signature Not Verified
Signed by: SHUBHANKAR
MISHRA
Signing time: 24-Aug-23
6:53:06 PM
2 W.P. No.21272/2023
HIGHER SECONDARY SCHOOL CHAND
TEHSIL CHAND AND BLOCK CHAURAI
DISTT CHHINDWARA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL)
.........................................................................................................
This petition coming on for admission this day, the court passed the
following:
ORDER
This petition under Article 226 of Constitution of India has been filed against the order dated 10/08/2023 passed by respondent No.4 in file No.Transfer/2023/20-01/DEO/Chhindwara/136782, by which petitioner has been transferred from Government Middle School Rampuri, Chand, Chhindwara to Government Middle School Barah Dhana, Sankul Kendra Government Girls Higher Secondary School, Amarwara, Block Amarwara, District Chhindwara.
2. It is fairly conceded by counsel for the petitioner that petitioner has already spent more than 15 years of his stay at the present place of posting. It is the contention of petitioner that petitioner has been appointed as BLO but he has not filed any document to show the same.
3. So far as the contention of petitioner that transfer of petitioner would disturb Pupil-Teacher Ratio (PTR) is concerned, it is suffice to mention here that it is for respondents to maintain the same and accordingly, respondents are directed to ensure that PTR is not disturbed. Transfer is an exigency of service and no one can claim that he should be posted at a particular place specifically when petitioner has already spent 15 long years of his stay at the present place of posting.
4. At this stage, it is submitted by counsel for the petitioner that petitioner has made a representation which has not been decided so far, Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 24-Aug-23 6:53:06 PM 3 W.P. No.21272/2023 therefore respondents may be directed to decide the same and till then the transfer order of the petitioner may be kept in abeyance.
5. Considered the submissions made by the counsel for the petitioner.
6. A Division Bench of the Court in the case of Mridul Kumar Sharma Vs. State of M.P. reported in ILR 2015 MP 2556 has held that mere filing of a representation does not give rise to a vested right and it is the prerogative of the employer to stay or not to stay the transfer order during the pendency of the representation. In case if the transfer order is not stayed by the employer then it has to be executed by the employee. Accordingly, it was held that in absence of any vested right, the High Court should not pass an interim order thereby staying the execution of transfer.
7. Since the petitioner has not joined at the transferred place, therefore, at present, no direction can be issued to the respondent to decide the representation. However, it is made clear that the petitioner after submitting his joining may file an application for urgent hearing of his representation and if that is filed then the respondent shall decide the same strictly in accordance with law without getting influenced or prejudiced by this order.
8. With aforesaid observation, petition is finally disposed of.
(G.S. AHLUWALIA) JUDGE Shubhankar Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 24-Aug-23 6:53:06 PM