WP-1206-2017. Case: Madan Kumar Athya Vs The State of Madhya Pradesh. High Court of Madhya Pradesh (India)

Case NumberWP-1206-2017
CounselFor Appellant: Yogesh Dhande, Learned Counsel and For Respondents: Pushpendra Yadav, Learned Govt. Advocate
JudgesSujoy Paul, J.
IssueService Law
Judgement DateJanuary 27, 2017
CourtHigh Court of Madhya Pradesh (India)


Sujoy Paul, J.

  1. Learned counsel for the petitioner submits that he has filed I.A. No. 1313/2012 for correcting the declaration made in Para 2 of the petition.

  2. The innocuous amendment is allowed. It be carried out forthwith.

  3. Heard on admission.

  4. This is second visit of the petitioner to this Court. He is transferred from Shahgarh to Malthon. It is challenged on the ground that the petitioner is a heart patient, his mother is aged, ailing and dependent on the petitioner. The posts are lying vacant at Banda and Sagar. Hence the transfer order and rejecting the representation dated 17.01.2017 may be set aside.

  5. I do not see any merit in the said contention. The respondents have considered that the petitioner has undergone surgery in September, 2012. He is transferred to a distance of 130 K.M. only. Transfer is an incident of service. The transfer order can be interfered with if it runs contrary to any statutory provision...

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