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On notice being issued respondents have filed the return and from the return filed by respondent No.5 it is seen that petitioner was appointed on contract basis as a Manager on 21.11.2006 and was posted in Janpad Panchayat Bhainsdehi, District Betul. Vide order Annexure P/2 dated 12.7.2012 he was transferred to Betul. However, after the petitioner was transferred, it is stated that the Chief Executive Officer, Janpad Panchayat, Betul vide Annexure smt. kamni pandole vs. state R/3 informed the Chief Executive Officer, Janpad Panchayat, Bhainsdehi that there is no requirement of posting the petitioner in Betul, there is no work available to be allotted to the petitioner and pointing out that as an Assistant Programme Officer is already working in Janpad Panchayat, Betul, it is stated that petitioner would be excess and therefore, his transfer is not called for. While the same was pending, the Chief Executive officer, Janpad Panchayat, Bhainsdehi made a communication on 27.9.2012 Annexure R/4 to the Chief Executive Officer, Janpad Panchayat, Betul indicating that due to transfer of the petitioner working of the Janpad Panchayat Bhainsdehi is suffering as no one has been posted in his place. It is stated by the respondents that taking note of the over all position and finding the posting of petitioner in Janpad Panchayat, Betul to be not necessary, the impugned action is taken.