Ravinandan Tiwari vs The State Of Madhya Pradesh on 4 August, 2023

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Madhya Pradesh High Court

Ravinandan Tiwari vs The State Of Madhya Pradesh on 4 August, 2023

Bench: Anand Pathak

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                     ON THE 4 th OF AUGUST, 2023
                   WRIT PETITION No. 19373 of 2023

BETWEEN:-
RAVINANDAN TIWARI S/O LATE SHRI RAM MANOHAR
TIWARI, AGED ABOUT 60 YEARS, OCCUPATION:
SERVICE 45 HARSH NAGAR THATIPUR DISTRICT
GWALIOR MP (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI SIDDHARTH SHARMA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY, DEPARTMENT OF
      REVENUE,  VALLABH BHAWAN BHOPAL MP
      (MADHYA PRADESH)

2.    COMMISSIONER   (LAND            RECORD) GWALIOR
      (MADHYA PRADESH)

3.    COLLECTOR GWALIOR (MADHYA PRADESH)

4.    MAHENDRA YADAV, INCHARGE ASSISTANT
      SUPERINTENDENT OF LAND RECORD THROUGH
      COLLECTOR SHIVPURI (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI VISHAL TRIPATHI - GOVERNMENT ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                   ORDER

1. The present petition is preferred under Article 226 of the Constitution against the order dated 31.07.2023 whereby petitioner who is working on the post of Assistant Superintended Land Record, Gwalior has been transferred 2 from Gwalior to Indore.

2. It is the submission of counsel for the petitioner that petitioner has been transferred within the period of 11 months, as previously vide order dated 08.09.2022, he has been transferred to Niwari, vide order dated 09.02.2023, he has been transferred to Gwalior and then Indore and no reason has been assigned for his frequent transfer which is arbitrary and illegal. He also submits that petitioner's wife is suffering from paralysis and his son recently met with an accident therefore, impugned order dated 31.07.2023 may be quashed.

3. Learned Government Advocate for the respondents/State opposed the prayer and submitted that transfer is an incident of service and every employee is duty bound to join the place where he was transferred. Therefore, he prayed for dismissal of this petition.

4 . Heard learned counsel for the parties and perused the documents appended with the petition.

5. Although transfer is an incident of service and petitioner is transferred from Gwalior to Indore which apparently a place better in terms of medical facilities but looking to the peculiar facts situation of the petitioner where his wife is suffering from paralysis of the left side of the body and his son has met a severe accident on 31.07.2023 and he is under medical care and fighting for his life and no other member is available in the family to take care of both the patients in the family, therefore, predicament of the petitioner is writ large.

6. In view of the facts and circumstances of the case when petitioner has one and half year for superannuation then all these aspects are required to be considered by the competent authority to reach to a just and meaningful solution for the employee as well as to the employer. Therefore, petitioner is set at liberty to prefer a representation and raise all the grounds and documents in 3 support of his submission and it is expected from the competent authority, all these aspects shall be considered by the authority in accordance with law with sympathetic touch so that petitioner may continue to serve the Department and, in turn, department may show benevolence to the cause of petitioner.

7. Petition stands disposed of accordingly.

8. Representation be filed within ten days from today and same shall be decided within six weeks by the competent authority thereafter. Till the representation is decided, petitioner shall be allowed to continue at his present place of posting as ASLR at Gwalior and effect & operation of impugned order dated 31.07.2023 relating to petitioner is hereby stayed.

(ANAND PATHAK) JUDGE Ashish* ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF H MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7 CHAU b5195154c3d4de08c6bb9303e5 2e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8 F9C2790FA9A0FD201D0242B64, serialNumber=A926F3CBF979EC RASIA A6A4C477577EEDBA3AB4F9459 3A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2023.08.04 19:27:46 -07'00'

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