(BY SHRI AMIT CHATURVEDI, ADVOCATE) v. (BY SHRI SUBODH KATHAR, GOVT. ADVOCATE)
Judgment
THE STATE OF MADHYA PRADESH THROUGH ITS SCHOOL EDUCATION DEPARTMENT VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH) SECRETARY PRINCIPAL THE GAUTAM NAGAR PRADESH) COMMISSIONR P U B L I C INSTRUCTION (MADHYA BHOPAL MP DISTRICT EDUCATION THE CHHINDWARA DISTRICT CHHINDWARA MP. OFFICER
(BY SHRI SUBODH KATHAR, GOVT. ADVOCATE) .....RESPONDENTS This petition coming on for admission this day, th e court passed the following: ORDER The present petition has been filed challenging the order dated 26.05.2022 whereby, the petitioner has been transferred from Govt. Middle School, Rajorakala District Chhindwara to Pandhurna District Chhindwara, in arbitrary and illegal manner contrary to the advertisement dated 25.08.2021. The petitioner has prayed for the following reliefs:- Signature Not Verified SAN 2 a. By issuance of writ in the nature of 'certiorari' an order dated 26.05.2022 (Annexure P/1) may be quashed as far as it relates to the petitioner and the petitioner be allowed to work at Govt. Middle School, Rajorakala District Chhindwara, M.P. b. Grant any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded.
Learned counsel appearing for the respondents/State has brought to the notice of this Court an order dated 08.06.2022 passed by the Additional Director Public Instructions, Bhopal with respect to posting of the successful candidates in CM RISE School which reads as under :- lh- ,e- jkbt fo|ky; ksa esa fofHkUu 'kSf{kd laoxksZa ds inLFkkiuk vkns'k foHkkx }kjk 24 ls 28 ebZ ds e?; tkjh fd, x, gSA foHkkx }kjk tkjh fofHkUu 'kSf{kd loxksZa ds dqy 4322 yksdlsodksa ds vkns'k tkjh fd, x, gSa] ftlesa ls vHkh rd 3620 ¼84 izfr'kr) d s }kjk dk; ZHkkj xzg.k djus dh lwpuk lapkyuky; esa izkIr gqbZ gSaA mDr vkns'k ds fo:) lapkyuky; dks vHkh rd yxHkx 200 yksdlsodksa }kjk inLFkkiuk vkns'k ds fo:) vH;kosnu izLrqr fd, x, gSaA vr% izkIr vH;kosnuksa dk vafre :i ls fujkdj.k gksus rd lacf/krksa dks dk; ZeqDr ugha fd;k tk,A ;fn fdlh dks dk; ZeqDr dj fn;k x;k gks rFkk muds }kjk uohu inLFkkiuk LFky ij dk; ZHkkj xzg.k u fd;k gks rks mUgsa iwoZ inLFkkiuk LFky ij vkxkeh vkns'k rd ds fy, iqu% Tokbu djk,. It is argued by the Government counsel that as there are several representations being received for consideration of cases of postings, the decision has been taken by the authorities to consider their representations and if the teachers have not joined at the transferred place of posting then they will be permitted to continue on their present place of posting.
It is argued that on passing of the aforesaid order by the Government virtually no cause of action arises to the petitioners as on date and as the Government has given an assurance that they will consider all the grievances which have been raised Signature Not Verified SAN 3 by the teachers like the petitioners and will pass a speaking order on the same. He fairly submits that the petitioners will be permitted to continue at the present place of posting if they have not joined at their transferred place till the representation has been decided. Considering the overall facts and circumstances of the case and the subsequent development i.e. notice dated 08.06.2022, whereby the decision has been taken by the Government to consider the representations and till the decision has been taken on the representations, the teachers like petitioners are permitted to continue at the present place of posting, no further cause of action survives.
Let the authorities take a final decision in the matter with respect to the posting of the petitioners. It is expected that while dealing with the representation of the petitioner, the respondents will afford an opportunity of hearing to the petitioner and thereafter, pass a self contained speaking order and communicate the outcome to the petitioner. Till the decision is taken by the Government, the respondents are directed to permit the petitioner to continue at the original place of posting. Petition is accordingly disposed of. Certified copy as per rules. Ansari (NANDITA DUBEY) JUDGE Signature Not Verified Signature Not Verified SAN SAN
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.