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Writ Petition No. 8318 / 2010 (s)
01/07/2010
:
Shri B.P. Sharma, learned counsel for the petitioner.
Shri Vivek Agrawal, learned Government Advocate for the
State.
Petitioner is working as Asst. Grade-II in Diet Office,
Narsinghpur, she has been transferred to Government Higher
Secondary School, Niwari in District Narsinghpur and transfer is
challenged on the ground that petitioner is 58 years old, she has
only 1½ years to retire and she is suffering from various heart
ailment, accordingly, on the grounds as indicated hereinabove,
which were canvassed at the time of hearing, challenge is made to
the order of transfer.
Shri Vivek Agrawal submits that on the aforesaid grounds
judicial review of an administrative order of transfer is not
permissible and, therefore, the petition should be dismissed.
Having heard leaned counsel for the parties and on
consideration of the facts and circumstances, this Court does not
find any ground to interfere in the order of transfer on the grounds
raised. Instead it is for the competent authority of the State
Government to consider the representation of the petitioner and
take action.
Accordingly, the petition stands disposed of with liberty to
the petitioner to represent to the department concerned.
(Rajendra Menon)
Judge
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