RAJARAM PARTE v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2020-07-28. RAJARAM PARTE v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
THE HIGH COURT OF MADHYA PRADESH W. P. No. 10284/2020 (RAJARAM PARTE Versus THE STATE OF MADHYA PRADESH) Jabalpur, Dated: 28. 07. 2020 Heard through Video Conferencing. Shri Parag S. Chaturvedi, learned counsel for the petitioners. Shri Swapnil Ganguly, learned Deputy Advocate General for the respondents/State. This petition has been filed by the petitioners-husband and wife who both have been transferred from District Balaghat to District Chhatarpur by a common order dated 02. 07. 2020 (Annexure P/3). The contention of the learned counsel for the petitioners is that the mother of the petitioner No. 1 is suffering from diabetes. It is further stated that the petitioners have a daughter and a son who are studying in Class-12 and Class-9 respectively. It is stated that the petitioners have been transferred in the mid session which is going to adverse effect the study of their daughter who is at a crucial stage.
Learned counsel for the petitioners undertakes that the petitioners will join the transferred place as soon as the examination of Class-12 is over. Learned Deputy Advocate General for the respondent/State submits that at the same place the petitioner No. 1 is posted from the year 2001 and the petitioner No. 2 is posted from the year 2004; they have stayed at one place for more than 16 years, hence for this reason they have been transferred.
Considering that this is a crucial period for education of the daughter of the petitioners who is studying in Class-12 and considering the undertaking given before the Court by the learned counsel for the petitioners, it is directed that the petitioners shall submit a representation before the concerned authority within a period of one week from today along with school certificates of their daughter and an undertaking that they will join the transferred place as soon as the examination of Class- 12 is over, the authority in turn shall decide the same on humanitarian ground, within a further period of eight weeks keeping in view the undertaking given by the petitioners. As an interim measure, till then the impugned order dated 02. 07. 2020 (Annexure P/3) shall remain stayed. It is made clear that this Court has not opined on the merits of the case. With the aforesaid direction, this petition stands disposed of. Certified copy/e-copy as per rules/directions.
(Nandita Dubey) Judge ak Digitally signed by ASHISH KOSHTA Date: 2020. 07. 30 13:59:09 +05'30'
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.