Madhya Pradesh High Court
Rajan Prasad Yadav vs The State Of Madhya Pradesh on 10 March, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 10th OF MARCH, 2022
WRIT PETITION No. 5581 of 2022
Between:-
RAJAN PRASAD YADAV S/O RAMGOPAL YADAV ,
AGED ABOUT 50 YEARS, OCCUPATION: SACHIV
GRAM PANCHAYAT SAHEJNA NO.2 JANPAD
PANCHAYAT REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI VIKESH PRATAP SINGH, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROHGH
PRINCIPAL SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT MANTRALAYA
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
2. COLLECTOR REWA DISTRICT REWA (M.P.)
(MADHYA PRADESH)
3. JILA PANCHAYAT REWA THROUGH ITS CHIEF
EXECUTIVE OFFICER R/O JILA PANCHAYAT
REWA, DISTRICT REWA (M.P.) (MADHYA
PRADESH)
4. JANPAND PANCHAYAT REWA THROUGH ITS
CHIEF EXECUTIVE OFFICER R/O JANPAD
PANCHAYAT REWA, DISTRICT REWA, (M.P.)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER)
T h is petition coming on for hearing this day, the court passed the
following:
ORDER
Petitioner has filed this writ petition being aggrieved of order dated 13.12.2021 (Annexure-P/2), whose name appears at Serial No.258, has been transferred from Gram Panchayat Sahejana to Gram Panchayat Dubi, District Rewa. Petitioner has also assailed the impugned order dated 16.12.2021(Annexure- P/1), whose name appears at Serial No.260 whereby amending the earlier order of the petitioner, now he has been transferred from Gram Panchayat Sahejana to Signature SAN Not Gram Panchayat Tikar, District Rewa on account of directives of the Election Verified Digitally signed by Commission. APARNA TIWARI Date: 2022.03.10 16:57:00 IST 2 I t is submitted by learned counsel for the petitioner that the Election Commission had issued directions that in view of the forthcoming elections of the Panchayat, those persons, who have been posted at a particular place for more than three years during last four years, are to be transferred out of the said Gram Panchayat.
The aforesaid issue has been examined by Hon'ble Division Bench of this Court Presided Over by Hon'ble The Chief Justice in Writ Appeal No.64/2022 (Tulsiram Patel versus State of Madhya Pradesh & Others) decided on 28.1.2022 and the Hon'ble Division Bench of this Court has held that since elections have been cancelled, therefore, there is no justification in implementing the said directives of the Election Commission and has quashed the order of transfer.
Accordingly, in terms of the order dated 28.1.2022 passed by Hon'ble Division Bench of this Court in Writ Appeal No.64/2022 (Tulsiram Patel versus State of Madhya Pradesh & Others), the impugned transfer orders of the petitioner is quashed subject to the condition that if the petitioner after relieving has not yet submitted his joining at the transferred place then he will not be required to carry out the transfer & work at the transferred place. If the petitioner has yet not joined at the transferred place then the authorities will be free to deal with the intervening period, after relieving of the petitioner, in terms of the provisions as are contained in the relevant service rules.
In above terms, this writ petition is allowed & disposed of.
(VIVEK AGARWAL) JUDGE AT