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Supreme Court of India 2022-02-10 partly_allowed

MS. X vs REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER

Bench: 2 — L. Nageswara Rao, B.R. Gavai

In Brief

A female Additional District Judge challenged the rejection of her reinstatement plea after resigning due to a mid-term transfer. The Court held that her transfer from Gwalior to Sidhi violated the court's own Transfer Policy and was based on an unverified complaint rather than authorized grounds. Her representations seeking alternate postings were arbitrarily rejected without proper consideration. Though normally sympathetic to judicial independence, the Court found her resignation was coerced by these unlawful administrative actions compounded by her duty as a single mother of a Class 12 daughter. The Court set aside the resignation acceptance and ordered reinstatement with continuity of service and consequential benefits, but declined back wages. The judgment upholds legitimate expectations and administrative fairness as binding even on High Courts.

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Judicial Administration Transfer Policy Administrative Law Employment Law Constructive Dismissal Gender and Work-Life Balance Legitimate Expectation Judicial Review Civil Service

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