Madhya Pradesh High Court
Ashok Dixit vs The State Of Madhya Pradesh on 26 July, 2017
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WP-10751-2017
WP-10751-2017
(Ashok Dixit vs State of M.P. and others)
26.7.2017.
Shri D.K. Tripathi, learned counsel for petitioner.
Shri Amit Seth, learned Govt. Advocate for the
respondents-State and its functionaries.
Petitioner, a Sub-Engineer (Electrical) serving in the Municipal Council Chhatarpur, has approached this Court, challenging the order of transfer dated 14.7.2017, transferring him from Municipal Council Chhatarpur to Municipal Council Damoh with the contention that there is no vacant post of Sub- Engineer (Electrical) at Municipal Council Damoh; therefore, his transfer order is bad in law.
That apart, the petitioner also claims to be office bearer of a Union and also claims to have contributed a great deal in establishment of the Sub-Power Station at Chhatarpur. As such, his position as Sub-Engineer (Electrical) at Chhatarpur is indispensable. Moreover, his wife is working at Chhatarpur; therefore, looking to the entirety of facts and circumstances of the case, in all fairness, he should not be disturbed from Chhatarpur. However, he fairly admits that he has been continuing at Chhatarpur for more than seven years. According to him, earlier for want of vacancy at transferred place of posting, :: 2 ::
WP-10751-2017 the impugned orders were set aside. With these submissions, learned counsel for the petitioner seeks indulgence.
Per contra, learned Govt. Advocate submits that the aforesaid grounds raised by the petitioner are factually not sustainable for the reason that unless vacancy is available at the transferred place of posting, no transfer orders are issued. Moreover, the petitioner has not arrayed the incumbent coming from Municipal Council Damoh to join at Chhatarpur. That apart, by the impugned transfer order, 30 transfers have been effected. The fact that the petitioner has been continuing at Chhatarpur for more than 7 years justifies the impugned transfer order. In an administrative reshuffling, indulgence sought for by the petitioner on the alleged grounds is not warranted in public interest. So far as personal difficulties, as contended by learned counsel for the petitioner, are concerned, the petitioner can always approach the Competent Authority in that behalf.
Heard.
Under the impugned order, as many as 30 Sub-Engineers have been transferred from one Municipal Council to another Municipal Council. One Megh Tiwari whose name find mention at Serial No.27, has been transferred in place of petitioner and the petitioner has been transferred in his place. Both :: 3 ::
WP-10751-2017 are Sub-Engineers. That apart, as the petitioner does not dispute that he has been continuing at Chhatarpur for last 7 years, no indulgence is warranted in the impugned order. However, for his personal reasons, the petitioner can always approach the Competent Authority.
Accordingly, the writ petition stands dismissed.
(Rohit Arya) JUDGE vinod