Devendra Kumar Wakde vs State Of Madhya Pradesh And Others

Maninder S. Bhatti, J

The counsel for the petitioner submits that by the impugned order dated 20.06.2025 (Annexure P-2), the petitioner who is working as a Middle School Teacher Grade-II (Biology) at GMS Devri, District Balaghat, has been transferred to GHSS Bhanegaon, District Balaghat.

It is contended by the counsel for the petitioner that the petitioner has questioned the said transfer order on the ground that the wife of the petitioner is posted in the Tribal Department, Bajag District Dindori, and his father who is aged about 73 years, is required to be taken care of. It is contended by the counsel that the petitioner has been assigned the duties of B.L.O. and hence, he is entitled for protection of Section 13-CC of the Representation of Peoples Act, 1950 and the place of the transfer is at a distance of 55 kms from the place of transfer. Therefore, while highlighting the aforesaid and other grievances, the petitioner has submitted a representation dated 25.06.2025 (Annexure P/3) to the respondent, but the same has not been decided as yet. It is contended by the counsel that the petitioner is willing to make a fresh representation before the respondent concerned and in such an eventuality, the respondent concerned be directed to take a decision thereon within the stipulated period in accordance with law.

Per contra, learned counsel for the respondent/State submits that the order has been issued in view of the administrative exigency. However, if the petitioner prefers a fresh representation before the respondent concerned, the same shall be dealt with by the competent authority in accordance with law.

In view of the aforesaid, without expressing anything on the merit of the case, the present petition stands disposed of with a direction that if the petitioner prefers a representation afresh before respondent No.2/Commissioner, Public Instructions, Bhopal within a period of seven days from today, the respondent No.2 shall take decision thereon within a further period of three weeks by passing a well reasoned and speaking order in accordance with law.

If the representation in terms of this order is not submitted within seven days from today this order shall lose its efficacy automatically.

It is made clear that this Court has not expressed any view on the merit of the case and respondent No.2 shall be at liberty to deal with the representation of the petitioner, in his own wisdom, in accordance with law.

7 . For a period of thirty days or till the decision by the respondent No.2 on the representation (whichever is earlier), the petitioner shall be allowed to continue at his present place of posting i.e. GMS Devri, District Balaghat.

With the aforesaid, the present writ petition stands disposed of.