Madhya Pradesh High Court
Mamta (Shukla) Sharma vs The State Of Madhya Pradesh on 12 January, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 12 th OF JANUARY, 2023
WRIT PETITION No. 600 of 2023
BETWEEN:-
MAMTA (SHUKLA) SHARMA W/O SHRI SANJAY
SHARMA, AGED ABOUT 60 YEARS, OCCUPATION:
SURVEYOR DIRECTORATE WOMEN AND CHILD
DEVELOPMENT DEPARTMENT 13 F HIMANSHU
APARTMENT INDRAPURI A SECTOR BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SHREYASH DUBEY- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECREARY WOMEN AND CHILD
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)
2. UNDER SECRETARY WOMEN AND CHILD
DEVELOPMENT DEPARTMENT BHOPAL
(MADHYA PRADESH)
3. DIRECTOR DIRECTORATE WOMEN AND CHILD
DEVELOPMENT DEPARTMENT PLOT NO. 28A
VIJAYRAJE VATSALYA BHAVAN, AREA HILLS
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI LALIT JOGLEKAR- GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition under Article 226 of the Constitution of India has been preferred by the petitioner taking exception to order dated 22.12.2022 Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/12/2023 5:10:30 PM 2 (Annexure-P/2) whereby she has been transferred from Bhopal to Vidisha. She is working as Supervisor in Directorate of Women and Child Development Department.
It is submission of learned counsel for the petitioner that within four months of her tenure at Bhopal, she has been transferred to Vidisha. She has 1 year and four months left to retire. She made a representation also and the same is pending consideration.
Learned counsel for the respondent/State opposed the prayer on the ground that transfer is an incident of service and no malafide or violation of any statute has been referred by the respondents. He prayed for its dismissal.
Heard.
It is the case where petitioner who is working as Supervisor in Directorate Women and Child Development Department, Bhopal and she has been transferred to Vidisha which is just nearby district around 50-60 kms. from Bhopal.
Even otherwise, transfer is an incident of service. No one much less petitioner has any vested right to the posted at a particular place of posting. It is well settled in law that employer is the best judge to organize its work force and it is also well settled in law that a transfer order cannot be subjected to judicial review unless and until same is found to be influence by mala fide o r arbitrary exercise of powers which petitioner fails to do so. Concept of equality as enshrined under Article 14 and 16 of Constitution of India, has no application to the cause of transfers.
Since guidelines are executive in nature and it is for the employer to decide where the employee is best suited for the job. Therefore, petition is disposed of with a direction to the petitioner to prefer a representation Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/12/2023 5:10:30 PM 3 elaborating all her predicaments and problems faced by her and the period of tenure left as well as plea of frequent transfers to the competent authority within 15 days' from today, if such representation is preferred then respondent authority shall consider the same and pass a reasoned order taking into account the problems faced by the petitioner by passing a reasoned order. If possible, suitable order shall be passed within three weeks' after receipt of representation.
Petition stands disposed of accordingly.
(ANAND PATHAK) JUDGE rk.
Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/12/2023 5:10:30 PM