Madhya Pradesh High Court
Ram Gopal Yadav vs The State Of Madhya Pradesh on 7 August, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2025:MPHC-JBP:37183
1 WP-29226-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 7 th OF AUGUST, 2025
WRIT PETITION No. 29226 of 2025
RAM GOPAL YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aniruddha Prasad Pandey - Advocate for the petitioner.
Shri Pradeep Singh - Government Advocate for the respondents/State.
ORDER
This petition has been filed by the petitioner being aggrieved by the order dated 3.7.2025 (Annexure P-1) passed by respondent No. 3 by which the petitioner who is working as Primary Teacher at Govt. Middle School Chandna, Block Karanjia, District Dindori has been transferred to Govt. P.S. Hadsingri, Block Samnapur.
2. The Counsel for the petitioner contends that the order has been issued in purported exercise of powers conferred vide circular dated 27/08/2024 issued 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. The counsel contends that the petitioner was never surplus in the Institution where he is working. It is contended that highlighting aforesaid grievance the petitioner has made representation.
3. The counsel for the State submits that the impugned order is Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 08-08-2025 17:48:25 NEUTRAL CITATION NO. 2025:MPHC-JBP:37183 2 WP-29226-2025 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 concerned 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 petition stands disposed of with a direction that if the petitioner prefers an appeal before respondent No. 2/Collector, Dindori within a period of 7 days from today, the Collector, Dindori shall take decision thereon within a further period of 3 weeks by passing a well reasoned and speaking order in accordance with law.
5. For a period of 30 days or till the decision on the Appeal to be preferred by the petitioner (whichever is earlier), the petitioner shall be allowed to continue at his present place of posting i.e. Govt. Middle School Chandna, Block Karanjia, District Dindori.
6. If the appeal in terms of this order is not preferred within 7 days from today this order shall lose its efficacy automatically without further reference to the Bench.
(MANINDER S. BHATTI) JUDGE vc Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 08-08-2025 17:48:25