Dayaram Mishra vs State of M.P. and Another

Shantanu Kemkar, J.—The appellant has filed this Letters Patent Appeal under Clause X of the Letters Patent challenging the order dated 10-12-2002 passed in Writ Petition No. 4268/2002 by learned Single Judge.

The appellant, Revenue Sub-Inspector in Municipal Council, Kymore, challenged his transfer order dated 31-7-2002 whereby he was transferred from Municipal Council, Kymore to Nagar Panchayat, Vijayraghavgarh through writ petition which has been dismissed by learned Single Judge.

Shri Rajesh Maindiretta, learned Counsel for the appellant has challenged the transfer order by contending that the transfer order would adversely effect his seniority in the parent Municipality and harm his future promotions. In reply before the learned Single Judge, the respondents categorically stated that they shall maintain the seniority of the appellant in the Municipal Council, Kymore. It has also been stated that after the transfer his lien will be maintained in the parent Municipal Council; and when his turn for promotion comes, he will be considered as per entitlement and promoted if found suitable.

We have examined the contention raised by learned Counsel for the appellant and the respondents. In our considered opinion, the apprehension of the appellant is misconceived.

With this background, the learned Single Judge has rightly dismissed the writ petition. Consequently, we find no force in this appeal and the same is dismissed in limine.