Madhya Pradesh High Court
Roshanlal Kakodiya vs The State Of Madhya Pradesh on 14 September, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-18302-2021
The High Court Of Madhya Pradesh
WP-18302-2021
(ROSHANLAL KAKODIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 14-09-2021
Heard through Video Conferencing.
Shri Pramendra Singh Thakur, counsel for the petitioner.
Shri Manish Kholia, Panel Lawyer for the respondents/State.
By the instant petition, the petitioner is challenging the order dated 31.08.2021 (Annexure-P/1) whereby he has been directed to be transferred from Gram Panchayat-Gangai, Janpad Panchayat-Harrai, to Gram Panchayat-Tansaramaal, Janpad Panchayat-Mohkhed.
Learned counsel for the petitioner submits that the petitioner is holding the post of Secretary, Gram Panchayat, who is being transferred out of the Janpad Panchayat and as per the provisions of Sub-rule (7) of Rule-(6) of the Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 [for short 'the Rules, 2011'], the transfer can be made in accordance with the policy made by the Commissioner, Panchayat Raj. He further submits that the impugned order of transfer is illegal because the same is made as per the policy framed by the State Government on 24.06.2021. He submits that the Commissioner, Panchayat Raj, has framed the policy dated 26.03.2018 mentioning therein as to in what manner, Class-III and Class-IV employees of the Panchayat can be transferred.
However, the grounds raised by learned counsel for the petitioner are not sustainable for the reason that this Court in W.P. No.16064/2021 (Om Prakash Pandey Vs. The State of Madhya Pradesh & Others) has already considered these aspects taking note 2 WP-18302-2021 of the orders passed by the Division Bench of this Court in Writ Appeal No.823/2015 and also by the Single Bench in Writ Petition No.13703/2012.
Further, the policy dated 26.03.2018 is not applicable for the Gram Panchayat Secretaries because the same applies to the employees of the Panchayat whose services are governed under the provisions of the Madhya Pradesh Panchayat Seva (Bharti Tatha Seva Ki Samanya Shartein) Rules, 1999, and services of the present petitioner are governed with the provisions of the Rules, 2011, therefore, the said policy has no application in the case at hand.
Considering the aforesaid, this petition is disposed of directing the respondent No.3 i.e. Chief Executive Officer, Zila Panchayat- Chhindwara, to consider and decide the petitioner's pending representation dated 01.09.2021 (Annexure-P/6) and pass an appropriate order thereon within a period of thirty days from the date of receipt of copy of this order.
It is further directed that if nobody has come in place of the petitioner, then he shall be allowed to continue to perform duties at Gram Panchayat-Gangai, Janpad Panchayat-Harrai, for a period of thirty days from today or till his representation is decided by the authority, whichever is earlier.
It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid directions, the petition stands disposed of. Certified Copy as per rules.
(SANJAY DWIVEDI) JUDGE Prachi Digitally signed by PRACHI PANDEY Date: 2021.09.17 10:26:28 +05'30'