Vandana Pandey vs State Of M.P. And Ors

Anand Pathak, J

The petitioner is aggrieved by the order dated 30.08.2021 (Annexure P-1) passed by Dy. Secretary, School Education Department whereby petitioner has been transferred from Government Middle School, Duhiya, Gwalior to Government Higher Secondary School, Sankhani, Block Bhitarwar, District Gwalior..

It is the submission of counsel for the petitioner that petitioner is a lady aged 49 years and at present working as Madhyamik Shikshak (Science) at Government Middle School, Duhiya, Gwalior. Recently in second wave of Covid-19 Pandemic, petitioner and her husband Late Sanjay Dixit suffered and hit by Covid-19 Pandemic and its on slaught and resulted into death of her husband on 25.04.2021. She is also facing after effects of Covid-19 pandemic including the Post Covid Stress Disorder Symptoms.

Looking to the peculiar, physical and mental condition of petitioner, her case may be considered sympathetically. Even otherwise, State Government has incorporated one such condition regarding transfers wherein patients of post Covid-19 pandemic, are being taken care of sympathetically in service matters (transfer).

Counsel for the respondents opposed the prayer however, fairly submits that in the present case, if petitioner suffers from Covic-19 pandemic and looking to the fact situation, appropriate steps shall be taken.

Heard the counsel for the parties at length and perused the record appended thereto.

This is the case where petitioner suffered her husband's death in second wave of Covid-19 pandemic and she herself facing wrath of Covid-19 and as a Model Employer, it is the duty of State Government to look after vulnerable section of employees after this pandemic. Although, it equally holds true that transfer is an incident of service and it is prerogative of the employer to post any employee as per administrative exigency but looking to the peculiar nature of problem being faced by all, it is imperative that case of petitioner be considered in light of her application given for voluntarily transfer at any place at Gwalior including school at Morar No.1.

Considering the totality of the fact situation, this petition is disposed of with a direction to the respondents to consider the case of the petitioner as per their guidelines and take into consideration the predicament of the petitioner being faced by her in wave of Covid-19. Resultantly, This petition is disposed of with following directions:-

Petitioner shall prefer a representation within 10 days alongwith certified copy of this order before respondents No.1 and 2 on receiving of such representation, respondents No.1 and 2 shall consider the same and pass appropriate order as per discussion made above and looking to the predicament of the petitioner, they shall ensure passing of appropriate order in accordance with law within one month thereafter.

Till the representation is decided, effect and operation of impugned order dated 31.08.2021 whereby petitioner has been transferred, shall be kept in abeyance and shall not be given effect to and petitioner shall be permitted to work at Government Middle School, Duhiya, Gwalior.

Petition stands allowed and disposed of in above terms.