Savita Shrivastava vs State of M.P.

Sujoy Paul, Judge

The petitioner is aggrieved by her transfer from District Hospital, Guna to Sub Health Centre Mrgwaas Bina Ganj, District Guna at a distance of about 100 kms. The ground is that aged mother-in-law is suffering from heart ailment, husband is a Govt. employee working in Guna and the petitioner''s daughter is dependent on her. Transfer order can be interfered with only when it violates any statutory provision, changes service conditions of an employee to its detriment, proved to be malafide or passed by an incompetent authority. No such ground is available in the present case.

A Division Bench of this Court in R.S. Chaudhary Vs. State of M.P.(2007) ILR M.P. 1329 has already held that transfer order will not get vitiated on violation of transfer guidelines and proper course for the employee in such cases is to prefer a representation and request the departmental authorities to cancel the same.

In Union of India and Others Vs. S.L. Abbas, Supreme Court held as under:-

Who should be transferred where, is a matter for the appropriate authority to decide. Unless the order of transfer is vitiated by mlafides or is made in violation of any statutory provisions, the Court cannot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject. Similarly if a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration. The guidelines say that as far as possible, husband and wife must be posted at the same place. The said guidelines however does not confer upon the Government employee a legally enforceable right.

In the light of aforesaid judgments, it is clear that no grounds are available in this writ petition on which interference can be made. Personal inconvenience is not a ground to interfere. Accordingly, interference is declined. However, this will not preclude the petitioner to pursue his departmental representation (Annexure P-5). With the aforesaid, the petition stands disposed of. No costs.