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Madhya Pradesh High Court

Vinod Kumar Singh vs The State Of Madhya Pradesh on 9 September, 2021

Author: Vishal Mishra

Bench: Vishal Mishra

                                                        1                             WP-17785-2021
                              The High Court Of Madhya Pradesh
                                         WP-17785-2021
                               (VINOD KUMAR SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 09-09-2021
                            Heard through Video Conferencing.

                            Shri G.S. Baghel, counsel for the petitioner.
                            Shri Kamlesh Dwivedi, Panel Lawyer for the respondents/State.

In this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 25.08.2021, passed by the respondent no.3; whereby, he has been transferred from Gram Panchayat Madhi Khurd, Block Gangeo to Gram Panchayat Badokhar, Block Gangeo.

Counsel for the petitioner has pointed out that the Coordinate Bench of this Court has considered the similar aspect in Writ Petition No.16064/2021 (Om Prakash Pandey Vs. The State of Madhya Pradesh and others), order dated 26.08.2021; wherein, this Court while considering the rules of Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 has interfered with the transfer order. The Coordinate Bench has further taken into consideration the order passed by the Coordinate Bench in Writ Petition No.13703/2012 and the Writ Petition No.15306/2021; whereby, in similar circumstances the petitions were dismissed, granting interim relief to the petitioner. The aforesaid analogy was followed in Writ Petition No.16368/2021, order dated 31.08.2021 and in Writ Petition No.711/2021, order dated 28.01.2021. In such circumstances, the petitioner prays for similar relief that has been granted in the case of Om Prakash Pandey (supra).

The petitioner has already preferred a detailed representation contained in Annexure P-4 to the respondent authority; however, his representation has not been considered and decided.

State counsel could not dispute the aforesaid aspect and pointed out the fact that the Coordinate Bench has finally disposed of the Writ Petition Signature Not SAN Verified No.15306/2021; wherein interim order has been passed.

2 WP-17785-2021 The coordinate Bench of this Court vide order dated 26.08.2021 passed in Writ Petition No.16064/2021 (Om Prakash Pandey Vs. The State of Madhya Pradesh and others) has held as under:-

"Considering the law laid-down by the Division Bench of this Court in Writ Appeal No.823/2015 and also by the Single Bench in W.P. Nos.13703/2012 and 15306/2021, I am not inclined to interfere in the matter of transfer for the grounds which have been raised by learned counsel for the petitioner.

However, the petitioner would be at liberty to raise his grievance before the authority i.e. Collector, Panna, (respondent No.2 herein) by making a representation. If such representation is made by the petitioner before the authority, then the same shall be considered by the authority within a period of thirty days from the date of receipt of the representation.

It is further directed that if nobody has joined in place of the petitioner and he is still working, then he may be allowed to continue to work at his present place of posting i.e. Dighora, Janpad Panchayat- Gunour, for a further period of thirty days 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 liberty, the petition is disposed of."

As the present case is also identical to that of Om Prakash Pandey (supra), the relief which has been extended to Om Prakash Pandey shall be applicable to the case of the petitioner also. Therefore, the directions contained in Writ Petition No.16064/2021 (Om Prakash Pandey Vs. The State of Madhya Pradesh and others), order dated 26.08.2021 shall apply mutatis mutandis to this case.

This petition stands disposed of on same terms.

Certified copy as per rules.

                                                                                 (VISHAL MISHRA)
                                                                                      JUDGE
Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.14
10:50:05 IST
                             3   WP-17785-2021
                      taj




Signature
 SAN      Not
Verified

Digitally signed by
TAJAMMUL
HUSSAIN KHAN
Date: 2021.09.14
10:50:05 IST