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Rajkumar Sharma vs The State Of Madhya Pradesh on 10 September, 2012

As the grounds raised by Shri Adarsh Muni Trivedi is already considered and decided by this Court in the case of Dhaniram Ahirwar (supra) so also in the case of Awadesh Kumar Shrivastava (supra) , I see no reason to take a different view now and Shri S. S. Bisen and Shri Rajesh Tiwari are right in contending that petitioner cannot challenge the transfer on the ground that it has adverse effect on their chances of promotion or seniority.
Madhya Pradesh High Court Cites 5 - Cited by 3 - Full Document

Santoshi Lal Parashar vs State Of M.P. on 7 February, 2024

4. Learned counsel for the petitioner has raised two fold arguments; firstly, the transfer from one division to another shall not and should not affect the seniority at the division level and placing the petitioner in the seniority list below his juniors in the division where he was transferred being arbitrary, illegal and violative of Article 14 and 16 of the Constitution, is not sustainable and secondly; since his juniors have been promoted ignoring the seniority, the petitioner may be given promotion to the post of Principal maintaining his seniority. To bolster his submissions, he has placed reliance in the matter of Signature Not Verified Signed by: NEETU SHASHANK Signing time: 2/12/2024 6:09:50 PM 4 Kamal Singh vs. State of M.P. and Ors. reported in 2004(4) MPLJ 182, wherein while placing reliance in the matter of Dhaniram Ahirwar and another Vs. State of Madhya Pradesh and another reported in 1995 MPLJ 545, it was held that the transfer does not affect the seniority or the right to be considered for promotion.
Madhya Pradesh High Court Cites 6 - Cited by 0 - M R Phadke - Full Document

Suresh Kumar Sharma vs The State Of Madhya Pradesh on 9 July, 2020

He has further relied upon the judgment passed by the Division Bench of this Court in the case of Dhaniram Ahirwar and another Vs. High Court of Madhya Pradesh and another, 1995 MPLJ 545 and submits that the grounds which are being raised by the petitioner 3 THE HIGH COURT OF MADHYA PRADESH W.P.No.8125/2020 (Suresh Kumar Sharma Vs. State of M.P. and others) are already been considered and decided and the aforesaid question is no more res integra. It is further argued that it is a transfer petition and the conditions pertaining to entertainment of transfer petition such as malafide etc. are not available to the petitioner. He has prayed for dismissal of the petition.
Madhya Pradesh High Court Cites 3 - Cited by 0 - V Mishra - Full Document

Yogendra Singh Thakur vs The State Of Madhya Pradesh on 7 March, 2022

3. Learned counsel for the petitioner submits that such recourse is not permissible and he places reliance on the Division Bench decision of this Court in case of Dhaniram Ahirwar and Another Vs. High Court of Madhya Pradesh and another1. According to him, this Court has clearly held that the transfer of an employee should not affect his seniority. He further submits that taking into consideration the aforesaid aspects, vide order dated 24.08.2021, this Court was pleased to stay the operation of the said order and issued notice to the respondents.
Madhya Pradesh High Court Cites 2 - Cited by 0 - Full Document

Arun Kumar Dwivedi vs The State Of Madhya Pradesh on 30 August, 2012

That apart, petitioner has tried to emphasize that the petitioner is a Revenue Inspector and appointments are made in the District Cadre post and, therefore, transfer is unsustainable. This ground is already considered by this Court in W.P.No.10868/2012 and similar grounds have been rejected on 23.7.2012 after following the law laid down in the cases of Dhaniram Ahirwar and another Vs. High Court of M.P. and another 1995 MPLJ 545 and Awadhesh Kumar Shrivastava Vs. State of M.P. and others 2012 (2) MPHT 277.
Madhya Pradesh High Court Cites 2 - Cited by 1 - Full Document
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