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Madhya Pradesh High Court · body

2015 DIGILAW 1206 (MP)

Shrinivas Dixit v. State of M. P.

2015-11-27

ROHIT ARYA

body2015
ORDER 1. This writ petition under Article 226 of the Constitution of India is directed against the transfer order dated 19.5.2015 (Annexure P-1) on the ground that petitioner serving has Ayurvedic Medical Officer though had filed an application for request transfer during the year 2014 from Gwalior to Shivpuri but the same has not been acted upon at the relevant time. Hence, the impugned transfer order made in the month of May, 2015 allegedly on the strength of the aforesaid application was not legally sustainable as he has never filed an application thereafter seeking request transfer. 2. This Court by interim order dated 1.6.2015 has stayed the effect and operation of the aforesaid order and the petitioner is continuing at Gwalior. 3. It is submitted that the petitioner is reaching the age of superannuation in the month of March, 2016 and only 4 months period is left. Hence, the petitioner may be permitted to work at Gwalior till the date of his retirement. 4. Though by filing the counter-affidavit, the respondent/State defended the transfer of the petitioner on the basis of request transfer application of the year 2014, however, considering the fact that only 4 months period is left for the petitioner to retire and refraining to comment on merits of the contentions advanced, in the opinion of this Court, the petitioner need not be disturbed by the impugned transfer order and no prejudice could be caused to the respondent No.4 who is continuing at Shivpuri. Besides, the impugned transfer order so far as it relates to petitioner was never issued on administrative exigency. 5. Accordingly, the impugned transfer order dated 19.5.2015 (Annexure P-1) sofar as it relates to petitioner alone is quashed. 6. The writ petition stands allowed and disposed of.