Madhya Pradesh High Court
Satish Kumar Sharma vs The State Of Madhya Pradesh Thr on 20 December, 2017
1
W.P. No.3016/2015
(Satish Kumar Sharma Vs. the State of M.
Gwalior, Dated: 20.12.2017
Shri Prashant Sharma, learned counsel for the petitioner.
Shri Vivek Jain, learned Govt. Advocate for the
respondents/State.
The petitioner being a daily wager is aggrieved by the order dated 05.05.2015 whereby his services were transferred from Electric Machinary and E & M, Division Gwalior to Harsi High Level Division No.1 Dabra.
The challenge is primarily on the ground that being a daily wager and being not holder of the post, the respondent cannot transfer him from one place to another even in administrative exigency. Reliance is placed on a Full Bench decision of this Court in Ashok Tiwari Vs. Madhya Pradesh Text Book Corporation & Another 2010 (2) MPHT 469 to bring home the submissions.
In Ashok Tiwari(supra), it is held:-
"26. Accordingly, holding that the law laid down in the case of Udai Singh Yadav (supra), is not correct, the said judgment is over-ruled and the reference is answered in the following manner namely:
(i) A 'daily rated employee', who is not appointed to a post and whose services are not governed by any service rules, cannot be transferred from one place to another, as he does not hold a transferable service.
(ii) A 'daily rated employee' cannot be transferred from one place to another in normal circumstances. However, in exceptional cases where appointment on daily basis is made to a Project or a Scheme, and if the Project or the Scheme is itself transferred or shifted, the 'daily rated employee' moves alongwith the Project or the Scheme to the new place.
In cases where the Project, Scheme or Establishment or Department of Office itself is shifted from one place to another and as a 2 consequence thereof, a 'daily rated employee', appointed specifically to work in such Project, Scheme or Establishment or Department or Office, is also required to be shifted. In such cases they may be shifted alongwith the Establishment or Department or Office, in which they are appointed.
(iii) Similarly, if a 'daily rated employee' is appointed in a particular Establishment, Department or Office and if the entire Establishment, Department or the Office is shifted, the 'daily rated employee' moves with the Establishment, Department or the Office. Otherwise, a 'daily rated employee' cannot be transferred from one place to another. It may be clarified that in such cases, the 'daily rated employee' is not transferred, but he moves with the office in which is working and, therefore, this class of cases will not come within the purview of transfer of a 'daily rated employee."
Since it is not disputed on behalf of the respondent that petitioner is a daily wager.
In view whereof and the law laid down in Ashok Tiwari(supra), the order whereby the petitioner is transferred from Gwalior to Dabra cannot be given a stamp of approval. Consequently, the transfer of the petitioner is quashed.
Interim order is made absolute.
Petition stands disposed of finally in above terms. No costs.
(Sanjay Yadav) Judge pwn*