Madhya Pradesh High Court
Rampal Kumhar vs The State Of Madhya Pradesh on 28 August, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 W.P. No.20961/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 28th OF AUGUST, 2023
WRIT PETITION No.20961 of 2023
BETWEEN:-
RAMPAL KUMHAR S/O SHRI LATORE KUMHAR,
AGED ABOUT 55 YEARS, OCCUPATION:
PRATHMIK SHIKSHAK, R/O VILLAGE CHARPUA
KUMRAU KHIRIYA TIKAMGARH TEHSIL
TIKAMGARH DISTRICT TIKAMGARH (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SHRIKANT SHRIVASTAVA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
ITS PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER, PUBLIC
INSTRUCTIONS DEPARTMENT, M.P. NAGAR
BHOPAL (MADHYA PRADESH)
3. DISTRICT EDUCATION OFFICER,
TIKAMGARH DISTRICT TIKAMGARH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)
.........................................................................................................
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 District Education Officer Tikamgarh in file No.Transfer/2023/20-01DEO/Tikamgarh/ Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 29-Aug-23 6:00:25 PM 2 W.P. No.20961/2023 136046, by which petitioner has been transferred from Government Primary School Ghat Khiriya, District Tikamgarh to Government Primary School Nazarpura, District Tikamgarh.
2. It is submitted by counsel for petitioner that petitioner has already completed his normal tenure of three years. However it has not been made clear that how much time he has spent at the present place of posting.
3. Be that whatever it may be.
4. It is the case of petitioner that petitioner has been appointed as BLO but no order to that effect has been placed on record. Another contention of petitioner is that earlier two teachers were working in the present school and both of them have been transferred and in place of them, only one teacher has been posted. Thus, transfer of petitioner will disturb the Pupil-Teacher Ratio (PTR).
5. Per contra, petition is vehemently opposed by counsel for the State. It is submitted that transfer is an exigency of service and no one can claim that he should be posted at a particular place.
6. Heard learned counsel for the parties.
7. So far as PTR is concerned, it is suffice to mention here that it is the duty of State Government to ensure that PTR is not disturbed. Accordingly, respondents shall ensure that in case if PTR is getting disturbed, then the same shall be restored by transferring some other eligible person to Government Primary School Ghat Khiriya, District Tikamgarh.
8. At this stage, it is submitted by counsel for petitioner that petitioner has made a representation which has not been decided so far, Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 29-Aug-23 6:00:25 PM 3 W.P. No.20961/2023 therefore respondents may be directed to decide the same and till then transfer order of petitioner may be kept in abeyance.
9. Considered the submissions made by counsel for the petitioner.
10. 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.
11. Since petitioner has not joined at the transferred place, therefore, at present, no direction can be issued to respondents to decide the representation. However, it is made clear that petitioner after submitting his joining may file an application for urgent hearing of his representation and if that is filed then respondents shall decide the same strictly in accordance with law without getting influenced or prejudiced by this order.
12. With aforesaid observation, petition is finally disposed of.
(G.S. AHLUWALIA) JUDGE Shubhankar Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 29-Aug-23 6:00:25 PM