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Madhya Pradesh High Court · body

2020 DIGILAW 172 (MP)

Anuradha Khapare v. State of M. P.

2020-02-03

VIVEK RUSIA

body2020
ORDER 1. Heard. 2. Petitioner has filed the present petition being aggrieved by the order No.831 dated 7.3.2019 (Annexure P-5) and order No. 845 dated 7.3.2019 (Annexure P-6). 3. Petitioner is working as Assistant Teacher in the Tribal Development Department. She made a request for her transfer because of personal reasons. Vide order dated 5.10.2018 the Collector, Dewas has transferred her from Scheduled Caste Junior Girls Hostel, Pilwani, Tahsil Sonkatch, district Dewas to the Office of Assistant Commissioner, district Ujjain. She gave her joining in the Office of Asstt. Commissioner on 6.10.2018. 4. Respondent No. 4 was posted as Superintendent in the New Senior Scheduled Caste Girls Hostel No.1, Ujjain. Vide order dated 11.10.2018 she was placed under suspension and in her place the petitioner has been posted as Superintendent of the said hostel. The husband of the petitioner was suffering from cancer and he died on 24.1.2019. By order dated 12.1.2019 the suspension order of respondent No. 4 has been revoked and vide order dated 7.3.2019 she was posted at Senior Pre-Metric Girls Hostel, Ujjain as well as No. 1. Vide order dated 7.3.2019 (Annexure P-6) the present petitioner has been transferred to Senior Scheduled Caste Girls Hostel, Tajpur as Superintendent, hence the present petition before this Court. 5. Petitioner has assailed the aforesaid order on the ground that within a period of six months she has been transferred in order to accommodate respondent No.4 and her daughter is studying in Class-VI in St.Mary Convent Senior Secondary School, Ujjain. After the death of her husband she is the sole parent to look after her child. The new transferred place Tajpur is 18 kms. away and being Superintendent of the Hostel she is required to reside in the hostel itself and she cannot leave her daughter alone at Ujjain during mid academic session. 6. Respondents No. 1 to 3 have filed the return by submitting that after the revocation of the suspension of respondent No. 4 has been brought back to her old place from where she was placed under suspension, therefore, there is no illegality in her posting. The petitioner has been posted at Ujjain because of the suspension of respondent No. 4 and when the suspension of respondent No. 4 has been revoked the petitioner has been given a new place of posting. 7. The petitioner has been posted at Ujjain because of the suspension of respondent No. 4 and when the suspension of respondent No. 4 has been revoked the petitioner has been given a new place of posting. 7. Respondent No. 4 has also filed the return in support of the return filed by the State by submitting that she is entitled for posting at the old place after revocation of her suspension. 8. I have heard learned counsel for the parties. 9. Petitioner came to district Ujjain at her own request as her husband was suffering from cancer. By order dated 15.10.2018 she was posted at Hostel No.1, Ujjain because of the suspension of respondent No. 4. After revocation of her suspension respondent No. 4 has been posted at Senior PreMetric Girls Hostel, Ujjain but it seems that she was interested in posting as Superintendent in Hostel No. 1 at Ujjain, therefore, in order to accommodate her vide order dated 7.3.2019 the petitioner has been transferred to Tajpur. It is settled law that after revocation of the suspension the employee is not liable to be posted at the same place from where he/she has been put under suspension and he/she should be posted elsewhere. In order to accommodate respondent no.4 the petitioner has been transferred within a period of six months. Even otherwise, there is personal difficulty for the petitioner after the death of her husband. She has been transferred in the mid academic session. Her daughter aged about 11 years is dependent on her. This Court has granted stay in favour of the petitioner on 13.3.2019 and the same is in operation. 10. In view of the above, the petition is allowed and the impugned transfer order No. 845 dated 7.3.2019 is set aside. ...................