This order details the compliance with a High Court directive to revise the allocation of Smt. Manju Shukla, a Project Officer in the Department of Women and Child Development. Originally allocated to Chhattisgarh, her representation for a transfer to Madhya Pradesh was initially rejected. Following a High Court order in W.P. No. 24/2009, which quashed previous allocation and rejection orders, and the subsequent dismissal of a Writ Appeal by the State Government, Smt. Shukla’s allocation has been revised from Chhattisgarh to Madhya Pradesh. Both the Governments of Madhya Pradesh and Chhattisgarh have provided their no-objection for this revised allocation. The Department of Legal Affairs has advised that the court’s order, given the specific circumstances of the petitioner, does not set a legal precedent. The original allocation order from 2002 has been modified to reflect this change.
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By Speed Post
Compliance of Court’s order
No.14/29/2013-SR(S)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
(Department of Personnel \& Training)
3 $3^{\text {rd }}$ Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003, Dated: $18^{\text {th }}$ November, 2015
ORDER
Subject: -Compliance of directions dated 03.09.2013 passed by the Hon’ble High Court of M.P. at Jabalpur in W.P. No. 24/2009 filed by Smt. Manju Shukla, Project Officer, Department of Women and Child Development- revision of allocation from Chhattisgarh to M.P.
Smt. Manju Shukla, Project officer, Department of Women and Child Development was allocated to Chhattisgarh as per her option vide order No. 41/02 dated 08.08.2002. However, she represented against her allocation to Chhattisgarh. Her representation was rejected by the Central Govt. vide letter dated 5/13.01.2005.
2. Aggrieved with the rejection of her representation for revision of allocation from Chhattisgarh to M.P. by the Central Govt. vide letter dated 5/13.01.2005 and subsequent relieving order dated 15.12 .2008 issued by the State Govt., Smt. Manju Shukla filed W.P. No. 24/2009.
3. While disposing of W.P. No. 24/2009 on 03.09.2013, the Hon’ble Court of M.P. at Jabalpur quashed her allocation order dated 08.08 .2002 and the order No. 14/75/04SR(S) dated 5/13.01.05 passed by the Central Govt. rejecting her representation and consequential relieving order dated 15.12 .08 issued by the State Govt. The Hon’ble Court allowed the petitioner viz. Smt. Shukla to continue in services of the State of M.P. only and to work in the same post.
4. Subsequently, Writ Appeal No. 897/2014 preferred by the State Govt. in the Hon’ble High Court of M.P. at Jabalpur challenging the order dated 03.09.2013 passed in the W.P. No.24/2009 was dismissed by the Hon’ble Court of M.P. vide order dated 29.06.2015 taking note of all the cited circumstances.
5. The State Govt. informed about the dismissal of Writ Appeal filed against order dated 03.09.2013 of the Hon’ble High Court passed in abovementioned W.P. No. 24/2009 and accordingly requested vide letter dated 31.07 .2015 that the directions passed by the Hon’ble Court in W.P. No. 24/2009 dated 03.09.2013 be complied with immediately by allocating the services of Smt. Shukla to the State of M.P. Govts. of M.P. and Chhattisgarh have conveyed their consent/no objection on retention of Smt. Shukla in the State of M.P. vide letters dated 31.07 .2015 and 20.10 .2015 respectively.6. The issue of implementation or otherwise of Court’s order dated 03.09.2013 consequent upon dismissal of Writ Appeal as filed by the State Govt., was examined in consultation with the Department of Legal Affairs (DoLA), Govt. of India. DoLA has opined that there is no substantial question of law involved and the order dated 03.09.2013 of the Hon’ble High Court does not set precedent.
7. In view of advice of Department of Legal Affairs, allocation of petitioner viz. Smt. Manju Shukla, Project Officer is hereby revised from Chhattisgarh to M.P. with the approval of the competent authority in compliance with directions of the Hon’ble Court of M.P. at Jabalpur Court’s dated 3.09.2013. Accordingly, the final allocation order issued vide order No. 41/02 dated 08.08 .2002 is modified to this extent only. It may be noted that the order of the Court does not set precedent as it has been given on the facts and the circumstances peculiar to the petitioner.
8. Veracity of this letter may be verified from the website of this Department i.e. persmin.gov.in $\rightarrow$ DOPT $\rightarrow$ State Re-organisation $\rightarrow$ Revised Allocation/Other Orders $\rightarrow$ Madhya Pradesh.
Under Secretary to the Government of India
(1) 24651898
Copy to:-
- The Principal Secretary, Department of Women and Child Development, Govt. of M.P., Vallabh Bhavan, Mantralaya, Bhopal-462004 (M.P.)
- The Principal Secretary, Department of General Administration, Govt. of M.P., Vallabh Bhavan, Mantralaya, Bhopal-462004 (M.P.)
- The Secretary, Department of General Administration, Govt. of Chhattisgarh, Mantralaya, New Raipur-492002 (Chhattisgarh).
- The Secretary, Department of Women and Child Development, Govt. of Chhattisgarh, Mantralaya, New Raipur-492002 (Chhattisgarh).
- Smt. Manju Shukla, Child Development Project Officer, ICDS, Waraseoni, District-Balaghat, M.P.-481331.