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Madhya Pradesh High Court · body

2013 DIGILAW 801 (MP)

Sharma Parveen (Ku. ) v. State of M. P.

2013-07-15

R.S.Jha

body2013
ORDER 1. The petitioner has filed this petition being aggrieved by order dated 29.6.2013 by which she has been transferred from Maharani Laxmi Bai Girls Higher Secondary School, Chhindwara to Government Middle School, Markadhana, Block Junnardeo, District Chhindwara by cancelling the previous order dated 14.7.2012. 2. It is submitted by the learned counsel for the petitioner that the petitioner was initially posted as a teacher in Government Middle School, Markadhana but was absorbed in the Maharani Laxmi Bai Girls Higher Secondary School, Chhindwara by order dated 14.7.2012 pursuant to which the petitioner joined the Maharani Laxmi Bai Girls Higher Secondary School, Chhindwara. By order dated 15.7.2012 the order dated 14.7.2012 was sought to be cancelled and therefore, the petitioner made a representation to the Minister in charge of the District who by order dated 23.8.2012 granted temporary relief to the petitioner and directed that she would be permitted to continue in Maharani Laxmi Bai Girls Higher Secondary School, Chhindwara till the end of the academic session. 3. In the meanwhile, the petitioner filed W.P. No. 15167/12 before this Court challenging order dated 15.7.2012 and 23.8.2012 by which temporary relief was granted to the petitioner. This petition was disposed of by order dated 18.9.2012 in the following terms:- “ Be that as it may now as the petitioner is permitted to work at Chhindwara till the end of current academic session and if the respondents feel that the petitioner is to be relieved from Chhindwara after the current session they shall do so after giving opportunity to the petitioner to represent and the competent authority shall consider and decide the same by a speaking order. Till the matter is not decided and till conclusion of the current academic session the petitioner shall be permitted to work at Chhindwara”. 4. Pursuant to the order passed by this Court the respondents have now issued the impugned order dated 29.6.2013 directing the petitioner to rejoin service at Government Middle School, Markadhana, Block Junnardeo, District Chhindwara as the initial order dated 14.7.2012 stands cancelled. 5. 4. Pursuant to the order passed by this Court the respondents have now issued the impugned order dated 29.6.2013 directing the petitioner to rejoin service at Government Middle School, Markadhana, Block Junnardeo, District Chhindwara as the initial order dated 14.7.2012 stands cancelled. 5. It is submitted by the learned counsel for the petitioner that this Court while deciding W.P. No. 15167/12 had clearly stated that till the matter is not decided and till conclusion of the current academic session the petitioner shall be permitted to work at Chhindwara inspite of which the respondents without deciding the representation of the petitioner have transferred the petitioner back to rejoin at Government Middle School, Markadhana, Block Junnardeo, District Chhindwara on the conclusion of the current academic which is contrary to the directions issued by this Court and in such circumstances, the impugned order deserves to be quashed. 6. I have heard the learned counsel for the petitioner at length. 7. From a perusal of the order passed in the aforesaid writ petition it is clear that this Court had only permitted the petitioner to work at Chhindwara till the conclusion of the current academic session and thereafter granted liberty to the respondents to relieve her after giving opportunity to represent. This Court while doing so had also observed that till decision of the representation and till conclusion of the current academic session, the petitioner shall be permitted to work at Chhindwara. From the impugned order is also further clear that the authorities on completion of the academic session have relieved the petitioner for joining at Government Middle School, Markadhana, Block Junnardeo, District Chhindwara. 8. It is also pertinent to note that though the order of the Minister in charge dated 23.08.2012 granting limited temporary relief till the end of the academic session had been challenged by the petitioner in W.P. No. 15167/12 the said order was not interfered or quashed by this Court while disposing of the aforesaid writ petition and therefore, in such circumstances, the authorities have issued the impugned order dated 29.06.2013. 9. I find no illegality or infirmity in the aforesaid order warranting interference by this Court. 10. The petition being meritless is accordingly dismissed.