Jai Kumar Pillai, J.
1. Heard the learned counsel for the appellant as well as the learned Government Advocate appearing for the respondent State.
2. This intra-Court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the judgment and order dated 23.06.2026 passed by the learned Single Judge in Writ Petition No. 21470 of 2026. By the impugned order, the learned Single Judge disposed of the writ petition with a direction to the respondents to decide the representation of the appellant against his transfer, but declined to grant interim protection or stay the execution of the transfer order during the pendency of the said representation.
3. The brief facts leading to this appeal are that the appellant, presently working as an Assistant Professor (Physics) at Government Holkar Science College, Indore, was transferred to Government College, Gulana, which is situated approximately 130 kilometers away. The appellant challenged the transfer on grounds of severe personal and administrative hardship. It was pleaded before the Writ Court that the wife of the appellant is a Government servant discharging her duties as an In-charge Tehsildar and is currently deployed on special official duty for a Presidential visit, leaving the appellant with the sole, full-time responsibility of caring for their minor child. Furthermore, the appellant is an approved Research Guide for two Ph.D. scholars under the Devi Ahilya Vishwavidyalaya (DAVV) Ordinance. It was submitted that his transfer to a college lacking adequate research facilities and falling outside the university's affiliation would arbitrarily stall the research work of his students, forcing them to commence their doctoral studies de novo.
4. The primary grievance raised by the appellant is that while the learned Single Judge appropriately relegated the matter to the competent authority for a decision on the representation, the failure to grant an interim stay has rendered the relief entirely illusory. It is submitted that to circumvent any interim protection by the Court, the respondent authorities hurriedly prepared a relieving order on the very date of the hearing of the writ petition, i.e., 23.06.2026, despite the fact that no substitute has joined at his present place of posting.
5. Having heard the learned counsel for the parties and upon perusal of the record, this Court is of the considered opinion that the peculiar facts and circumstances of the case warrant interim protection. The appellant's academic obligations as a Ph.D. supervisor and the current official duties of his spouse present a genuine case of hardship that requires sympathetic consideration by the department. Allowing the appellant to be relieved while his representation remains pending would cause irreparable prejudice not only to the appellant and his family but also to the academic prospects of the research scholars under his supervision.
6. Consequently, the competent authority of the respondent State is directed to consider and decide the pending representation of the appellant in accordance with the transfer policy and the law, by passing a reasoned and speaking order within a period of thirty days from the date of receipt of a certified copy of this order.
7. Looking into the facts and circumstances of the case, until the representation of the appellant is decided by the Competent Authority, the effect and operation of the impugned transfer order, as well as the consequent relieving order dated 23/06/2026, shall remain stayed . The appellant shall be permitted to continue performing his duties at his present place of posting, i.e., Government Holkar Science College, Indore.
8. The order passed by the learned Single Judge is modified to the extent indicated above.
9. Accordingly, the present writ appeal stands disposed of.




