Arun JaIn Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1043753
CourtMadhya Pradesh High Court
Decided OnSep-24-2012
AppellantArun Jain
RespondentThe State of Madhya Pradesh
Excerpt:
arun jain versus state & anr. w.p.no.16023/2012 24/09/2012 shri v.k.shukla, learned counsel for the petitioner. shri pushpendra kaurav, learned counsel for the respondents. petitioner is working as an assistant food supply officer, jabalpur and by the impugned order dated 13.7.2012, he has been transferred from jabalpur to bhind. during the cours.of hearing of this writ petition, shri v.k.shukla emphasized that the petitioner has remained in jabalpur for a long period of time and, therefore, he does not pray for cancellation of his transfer out of jabalpur. however, pointing out certain family circumstances, petitioner has prayed for his posting in any district nearer to jabalpur. shri v.k.shukla submitted that the petitioner has submitted a representation and the same is pending consideration. it is stated that the representation of the petitioner be considered and decision taken sympathetically, apart from the aforesaid, it is submitted that the petitioner does not pray for any further relief. even though, learned counsel for the respondents has filed the reply and submitted that the petitioner has been transferred on administrative consideration but the fact remains that the petitioner wants sympathetic consideration in the matter of his transfer and prays arun jain versus state & anr. for change of his posting. the representation filed by the petitioner is pending and till date, decision has not been taken. keeping in view the aforesaid, for the present without entering into the controvers.on merit, following directions are issued : “on the petitioner's filing a certified copy of this order along with relevant documents within a period of one week before respondent no.2/ commissioner, the commissioner concerned shall consider the representation of the petitioner, explore the possibility of posting of the petitioner in any nearby area and decide the representation by a speaking order. the representation be decided within a period of three weeks' of it's presentation before the competent authority. till then, status-quo in the matter, as is existing today, be maintained.” with the aforesaid, petition stands disposed of. certified copy as per rules. (rajendra menon) judge nd
Judgment:

Arun Jain versus State & Anr.

W.P.No.16023/2012 24/09/2012 Shri V.K.Shukla, learned counsel for the petitioner.

Shri Pushpendra Kaurav, learned counsel for the respondents.

Petitioner is working as an Assistant Food Supply Officer, Jabalpur and by the impugned order dated 13.7.2012, he has been transferred from Jabalpur to Bhind.

During the couRs.of hearing of this writ petition, Shri V.K.Shukla emphasized that the petitioner has remained in Jabalpur for a long period of time and, therefore, he does not pray for cancellation of his transfer out of Jabalpur.

However, pointing out certain family circumstances, petitioner has prayed for his posting in any district nearer to Jabalpur.

Shri V.K.Shukla submitted that the petitioner has submitted a representation and the same is pending consideration.

It is stated that the representation of the petitioner be considered and decision taken sympathetically, apart from the aforesaid, it is submitted that the petitioner does not pray for any further relief.

Even though, learned counsel for the respondents has filed the reply and submitted that the petitioner has been transferred on administrative consideration but the fact remains that the petitioner wants sympathetic consideration in the matter of his transfer and prays Arun Jain versus State & Anr.

for change of his posting.

The representation filed by the petitioner is pending and till date, decision has not been taken.

Keeping in view the aforesaid, for the present without entering into the controveRs.on merit, following directions are issued : “On the petitioner's filing a certified copy of this order along with relevant documents within a period of one week before Respondent No.2/ Commissioner, the Commissioner concerned shall consider the representation of the petitioner, explore the possibility of posting of the petitioner in any nearby area and decide the representation by a speaking order.

The representation be decided within a period of three weeks' of it's presentation before the competent authority.

Till then, status-quo in the matter, as is existing today, be maintained.”

With the aforesaid, petition stands disposed of.

Certified Copy as per rules.

(Rajendra Menon) Judge nd