Ramesh Charmkar Vs. the State of Madhya Pradesh

Ramesh Charmkar vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 08, 2013

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https://sooperkanoon.com/case/1039921

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Citation: sooperkanoon.com/1039921
Court: Madhya Pradesh High Court
Decided On: Feb 08, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Ramesh Charmkar

Respondent

The State of Madhya Pradesh

Excerpt

.....within a short span of 9 days, he has been further transferred to sub- health centre mankahari. it is further submitted that in case the petitioner is required to carry out order of transfer, the studies of his children would be adversely affected. learned counsel for the petitioner submits that petitioner be granted liberty to submit a representation to the competent authority with regard to his grievance and the competent authority be directed to decide the representation submitted by the petitioner expeditiously. on the other hand, learned panel lawyer submitted that in case, such a representation is submitted by the petitioner, the same shall be dealt with in accordance with law. in view of submissions made by learned counsel for the parties and in the facts of the case, the writ petition is disposed of with a direction that in case, the petitioner submits a representation with regard to his grievance within a period of 10 days from the date of receipt of the certified copy of the order passed today to the competent authority, the competent authority shall consider and decide the same within a period of two months from the date of receipt of such a representation, by a speaking order. it is made clear that this court has not expressed any opinion on the merits of the case. till the representation submitted by the petitioner is decided, the petitioner shall continue at his present place of posting. certified copy as per rules. (alok aradhe) judge rc

Full Judgment

Writ Petition No.1857/2013 08.02.2013 Mr.Atul Choudhari, learned counsel for the petitioner.

MRS.Sharada Dubey, learned Panel Lawyer for the respondents.

Heard.

In this writ petition, the petitioner has challenged the validity of order dated 04.01.2013, by which the petitioner has been transferred from Sub-Health Centre Mankahari to Sub-Health Centre Chormari, Community Health Centre Rampur Baghelan.

Learned counsel for the petitioner submits that by order dated 30.10.2012, the petitioner was transferred to Sub-Health Centre Mankahari and in pursuance of said order, he joined on 27.12.2012.

However, within a short span of 9 days, he has been further transferred to Sub- Health Centre Mankahari.

It is further submitted that in case the petitioner is required to carry out order of transfer, the studies of his children would be adversely affected.

Learned counsel for the petitioner submits that petitioner be granted liberty to submit a representation to the Competent Authority with regard to his grievance and the Competent Authority be directed to decide the representation submitted by the petitioner expeditiously.

On the other hand, learned Panel Lawyer submitted that in case, such a representation is submitted by the petitioner, the same shall be dealt with in accordance with law.

In view of submissions made by learned counsel for the parties and in the facts of the case, the writ petition is disposed of with a direction that in case, the petitioner submits a representation with regard to his grievance within a period of 10 days from the date of receipt of the certified copy of the order passed today to the Competent Authority, the Competent Authority shall consider and decide the same within a period of two months from the date of receipt of such a representation, by a speaking order.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Till the representation submitted by the petitioner is decided, the petitioner shall continue at his present place of posting.

Certified copy as per rules.

(Alok Aradhe) Judge RC

Same Court & Year Madhya Pradesh · 2013 Same Parties Ramesh Charmkar vs The State of Madhya Pradesh Same Subject Education