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Madhya Pradesh High Court stays transfer of woman municipal staff

A single-judge bench of Justice Nandita Dubey held that the transfer of the petitioner has been made within five months and for that purpose, a representation is already pending before the authority concerned.

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The Jabalpur Bench of the Madhya Pradesh High Court on Tuesday stayed the transfer of a woman employee of the Municipal Council, Naurozabad, District Umaria.

The petitioner, Reena Rathore, who is aggrieved by her frequent transfers, approached the High Court. According to the petition, she was transferred by an order dated September 29, 2020 from the Municipal Corporation, Rewa to Municipal Council, Naurozabad, District Umaria and after five months, she has again been transferred by order dated March 8 from Umaria to Municipal Council, Kothi, District Satna.

G.S. Gaharwar, counsel for the petitioner, said the transfer order is against Clause 11.1 of the transfer policy dated 04.06.2019. It is submitted that representation in this regard has already been pending before the authority concerned and prayed that the same may be decided and till then the impugned order be stayed.

Sheetal Tiwari, panel lawyer of the state, contended that petitioner has already been relieved and no other person has been appointed substantively on her post, rather the charge of the post has been given to some other officer.

A single-judge bench of Justice Nandita Dubey held that the transfer of the petitioner has been made within five months and for that purpose, a representation is already pending before the authority concerned.

The Court directed the authority to decide the representation of the petitioner as per law and policy within a period of four weeks from the date of receipt of certified copy of the order.

“Since no other person has been appointed on the post and only the charge of the post is given to other person, the transfer order dated 08.03.2021 is stayed and the petitioner is permitted to continue on the original post for a period of four weeks or till the date the representation is decided, whichever is earlier,” the order reads.

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