2 hrs ago
Madhya Pradesh High Court Quashes Professor’s Pre-Retirement Transfer
A professor in Madhya Pradesh was moved from Bhind to a college about 230 to 250 kilometers away.
He was close to retirement when the transfer was ordered.
He asked the High Court to cancel both the transfer and the order relieving him from his old college.
The professor had also challenged the appointment of a younger colleague as principal.
The court had earlier stopped and later cancelled that appointment.
The state said transfers are a normal part of government service and that a sociology position was available at the new college.
The court said the state had not proved that a sanctioned sociology-professor post existed there.
It also said moving someone so close to retirement could delay retirement benefits.
The court therefore cancelled the transfer, while clarifying that being in-charge principal did not itself give the professor a permanent right to stay.
The Madhya Pradesh High Court quashed a sociology professor’s transfer and relieving orders to Government College, Dhodhar.
The court said the professor had about 15 months of service remaining when the transfer was issued.
The state did not sufficiently prove that a sanctioned sociology-professor post existed at the destination college.
The transfer followed the professor’s challenge to a junior colleague’s appointment as principal at Bhind college.
The court said the professor had no vested right to remain in-charge principal, but cited statutory violations and surrounding circumstances in cancelling the transfer.
- Who
- Ram Avdesh Sharma, a sociology professor and in-charge principal, and the Madhya Pradesh state government.
- What
- The Madhya Pradesh High Court quashed Sharma’s transfer and relieving orders.
- Where
- The transfer was from a government college in Bhind to Government College, Dhodhar, in Sheopur.
- When
- The transfer was issued on June 15, followed by a relieving order on June 16; the court’s ruling was reported as issued on September 2.
- Why
- The court cited the professor’s proximity to retirement, insufficient proof of a sanctioned post at the destination, pension-related concerns, and the surrounding administrative circumstances.
Professor’s Arguments
State’s Arguments
Sanctioned post at Sheopur
Professor’s Arguments
The professor argued that no sanctioned post for a sociology professor existed at the destination college.
State’s Arguments
The state argued that a sociology post was available at Sheopur.
Purpose of the transfer
Professor’s Arguments
The professor alleged that the transfer followed his successful challenge to the junior professor’s appointment and enabled the junior to remain principal.
State’s Arguments
The state opposed the plea, maintained that transfer is an ordinary incident of service, and cited complaints of alleged financial irregularities against the professor.
Right to remain at Bhind
Professor’s Arguments
The professor relied on his nearing retirement, health concerns, and long service at Bhind in challenging the move.
State’s Arguments
The state said he had no vested right to remain at Bhind or continue as in-charge principal.
Key facts
- Petitioner
- Ram Avdesh Sharma, professor of sociology and in-charge principal
- Original posting
- Government college in Bhind
- Destination
- Government College, Dhodhar, in Sheopur
- Transfer distance
- Approximately 230–250 kilometers
- Remaining service
- Approximately 15 months at the time of the transfer
- Retirement date
- September 2027
- High Court judge
- Justice Anand Singh Bahrawat
- Key ruling basis
- Statutory concerns, lack of proof of a sanctioned post, and circumstances surrounding the transfer
Quotes
Justice Anand Singh Bahrawat
Madhya Pradesh High Court judge hearing the professor’s petition
“Transferring an employee at the fag end of their career risks delaying their retirement benefits.”
indianexpress.com
Sources
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