Narendra Singh Parihar vs State Of M.P. And Others

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been taken up through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard on admission.

The present petition has been filed challenging the order dated 13.8.2020, whereby the petitioner has been transferred from Janpad Panchayat Khaniyadhana, District Shivpuri to District Sheopur on the post of Samvida Asstt. Grade II Cashier. It is submitted that the petitioner's appointment is of the year 2008 as is reflected from Annexure P/2, therein he was appointed on contractual basis. It is argued that condition no.3 in the appointment order clearly stipulates that the appointment is for a particular place. It is submitted that in absence of any enabling provisions or conditions in the appointment order itself the petitioner could not be transferred. It is argued that vide impugned order the petitioner has been transferred to another district i.e. District Sheopur. Counsel for the petitioner has placed reliance on the judgment passed by the Full Bench of this Court in the case of Ashok Tiwari Vs. M.P. Text Book Corporation and another, (2010)  MPLJ  662  (FB)  which  has  further  been  relied  in W.P.No.8931/2020 (Dr. Ajit Singh Vs. State of M.P. and others) recently and the Coordinate Bench of this Court vide order dated 6th August, 2020 has passed an order and allowed the writ petition in similar circumstances. He has read over the relevant page wherein the consideration has made at page no.5 of the order. It is submitted that the aforesaid analogy is fully applicable in the case of the present applicant. The case was listed for hearing on 20.8.2020 and this Court has directed the petitioner to file the copy of the latest appointment order of the petitioner and in pursuance to the same, the document is brought on record by way of an application for taking documents on record being I.A.No.3923/2020, the order dated 30.4.2020 is brought on record for  perusal of  this Court, whereby   the petitioner  has been appointed on Samvida Basis from 1.4.2020 to 31.3.2021 in Janpad Panchayat Khaniyadhana, District Shivpuri itself on the post of Asstt. Grade II Cashier. It is submitted that the contractual appointment of the petitioner is up to 31.3.2021 and there is no condition in the appointment order to transfer the petitioner. In absence of any enabling provisions coupled with the law laid down in the Full Bench of this Court in the case of Ashok Tiwari (supra) the impugned order is perse illegal and deserves to be quashed.

Per contra counsel for the State has submitted that petitioner is being transferred looking to the administrative exigencies in the matter, but he could not dispute the factum of law laid down by the Full Bench of this Court in the case of Ashok Tiwari (supra) as well as in W.P.No.8931/2020 and has fairly submits that the petitioner was preferred a detailed representation to the respondent no.2 which shall be considered and decided expeditiously.

Taking into consideration the overall facts and circumstances of the case and the law laid down by the Full Bench of this Court in the case of Ashok Tiwari (supra), the impugned order is clearly unsustainable. In the facts and circumstances of the case, this Court deems it appropriate to dispose of the writ petition with a direction to the petitioner to submit a detailed representation to the respondent no.2 within a period of seven working days from today along with the copies of the judgments passed in the case of Ashok Tiwari (supra) as well as W.P.No.8931/2020 and in turn the respondent no.2 is directed to dwell upon the representation and decide the same and pass a self contained speaking order within a period of one month from the date of receipt of certified copy of this order. Till the decision on the representation, the respondents are directed to permit the petitioner to work as Asstt. Grade II Cashier in Janpad Panchayat Khaniyadhana, District Shivpuri.

With the aforesaid direction, this petition is disposed of.

E-copy of this order be provided to the petitioner. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.