Authorities Must Consider Preferred Places In Own Cost Transfer: Madhya Pradesh HC
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In a decisive check on mechanical administrative rejections, the High Court of Madhya Pradesh has stayed an employee's transfer order while directing the authority to reconsider his transfer representation afresh. The decision underscores that administrative authorities are bound to evaluate specific location options submitted by employees seeking 'Own Cost Transfer' in accordance with governing policies.
A single-judge bench of Justice Anand Singh Bahrawat heard the writ petition filed under Article 226 of the Constitution of India challenging the rejection of an employee's representation against a transfer order.
Key Takeaways
- Mandatory Consideration of Preferred Locations: Authorities deciding transfer representations must explicitly address option choices submitted by employees for 'Own Cost Transfer'.
- Unbiased Fresh Evaluation: Reconsideration of representations must be conducted independently without being influenced by prior rejection orders.
- Interim Protection Granted: Pending a fresh decision by administrative authorities, impugned transfer orders can be stayed to prevent procedural prejudice.
Court Directions and Reasoning
Addressing the grievance regarding failure to evaluate the submitted preferred locations, the Court directed the competent authority to pass a fresh, reasoned order.
The Court has the following directions:
"(i) Respondent No. 3 – District Education Officer, Shivpuri is directed to reconsider the representation of the petitioner afresh and also consider the fact that the petitioner has already submitted list of 9 places for Own Cost Transfer and then pass a reasoned and speaking order in accordance with law as per the Transfer Policy and administrative exigency and without getting influenced by the earlier rejection order dated 13.08.2026, within a period of three weeks from the date of receipt of certified copy of this order.
(ii) Till fresh decision is taken by the respondent No. 3, effect and operation of the impugned transfer order dated 30.06.2026 (Annexure P-2) shall remain stayed and respondent No. 3 is further directed to permit the petitioner to work at the present place of posting, i.e., GPS Bhaisda, Shivpuri."
The Court, in its reasoning, observed: "Respondent No. 3 - District Education Officer, Shivpuri is directed to reconsider the representation of the petitioner afresh and also consider the fact that the petitioner has already submitted list of 9 places for Own Cost Transfer and then pass a reasoned and speaking order in accordance with law as per the Transfer Policy and administrative exigency and without getting influenced by the earlier rejection order dated 13.08.2026..."
Ratio
Administrative authorities tasked with deciding employee transfer representations are legally obligated to consider specific grounds and location choices submitted for 'Own Cost Transfer' under the relevant Transfer Policy, and must render a reasoned, independent decision uninfluenced by earlier administrative rejections.
Background
The petitioner approached the High Court in a second round of litigation challenging the rejection order dated 13.08.2026 passed by the District Education Officer, Shivpuri, as well as the transfer order dated 30.06.2026. In an earlier round of litigation (W.P. No. 25954/2026), the High Court had directed the authorities to decide the petitioner's representation in accordance with law.
The petitioner contended that despite specifically requesting an 'Own Cost Transfer' to one of the nine uploaded places, the District Education Officer failed to consider this material aspect while rejecting the representation. The Government Advocate opposed the petitioner's claims. Disposing of the writ petition without expressing any opinion on the merits, the High Court directed a fresh consideration of the matter and granted interim stay on the transfer order.
Case Details:
Case No.: WRIT PETITION No. 35371 of 2026
Case Title: Ram Prakash Harijan Versus The State Of Madhya Pradesh And Others
Appearances:
For the Petitioner(s): Shri Shyam Sharma - Advocate
For the Respondent(s): Shri B.M. Patel - Government Advocate
Source: 2026 CaseBase(MP) 16824
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