Tanuja Malviya vs State Of Madhya Pradesh

Petitioner has filed the present writ petition challenging the order dated 24.06.2019, contained in Annexure P/3, by which petitioner has been

transferred from Municipal Council, Khurai District Sagar to Nagar Parishad, Chandla, District Chhatarpur. The name of petitioner in the impugned

order is at Sr. No.4. Respondent No.4-Ramvaran Singh Rajoriya has been brought in place of petitioner.

Brief facts of the case are as under:

(1) Petitioner was posted as C.M.O., B category on 05.10.2016 on pay scale of Rs.15000-39100+5400. She belongs to Scheduled Castes Women

Category. She was posted as Assistant Commissioner, Municipal Corporation, Khandwa, District Khandwa (M.P.).

(2) On 22.02.2019, petitioner was transferred from Municipal Council, Sarangpur, District Rajgarh to Muncipal Council, Khurai, District Sagar.

(3) On 24.06.2019, petitioner was transferred from Municipal Council, Khurai, District Sagar to Nagar Parishad Chandla, District Chhatarpur. By the

said order, respondent No.4 was transferred from Municipal Council, Datia to Municipal Council, Khurai, District Sagar.

Petitioner has assailed the impugned transfer order dated 24.06.2019 on the ground that order is illegal, arbitrary and malafide and the same is passed

to accommodate respondent No.4 and contrary to Article 14 of the Constitution of India. She is made victim of frequent transfers and she has been

transferred in a short span of four months without any valid reasons.

She has been transferred at a place, which is 700 kilometers away and there is no administrative exigency to issue the transfer order. It was also

submitted by the petitioner that impugned order has lowered her status. Respondent No.4 has filed reply to the writ petition and opposed the writ

petition on the ground that transfer order dated 24.06.2019 has been complied with and he has been relieved on 25.06.2019 and has joined at Khurai

on 27.06.2019. This fact was suppressed by the petitioner from this Court. It is further averred by him that petitioner has been transferred as a result

of complaint. There is no malafide on transferring the petitioner, but because of complaint she has been transferred. Respondent No.4 also averred

that petitioner is very junior to him and he is Sr. C.M.O. Respondent No.4 has also denied his affinity to Khurai. Respondent No.4 submitted that he

had been transferred in administrative exigency. On the basis of aforesaid, he prayed for disposal of the writ petition.

Counsel for the respondent as well as Government Advocate submits that after transfer, there is no change in the social status of the petitioner. The

principal ground, on which order of transfer is assailed by the petitioner, is that her status is lowered because of transfer. Recruitment Rules were

referred to by the petitioner as well as the respondents. Petitioner as well as the respondents referred Schedule 2 of State Municipal Service

Executive Rules, 1973. As per this Schedule, Chief Municipal Officer Class A is a Class 1 post, Chief Municipal Officer Class B is a Class 2 post and

Chief Municipal Officer Class C is a Class 3 post. It is submitted by the petitioner that she has been transferred to Nagar Parishad Chandla, District

Chhatarpur in Class 3 post. She is Chief Municipal Officer Class 2, therefore, she should not be transferred to a place where Chief Municipal Officer

Class 3 should be posted. Hence her social status is lowered because of the transfer. Though there will not be any difference in payment, emoluments

and allowances, but her social status will suffer adversely.

It is pointed out by the counsel for the petitioner that for next promotion to the post of Chief Municipal Officer Class 1, the petitioner must have five

years' experience of the respective post. She is being transferred as Chief Municipal Officer Class C, therefore, service rendered on the post will not

be considered for promotion and she had to wait for more time to gain such promotion. As such, she will be adversely affected by the transfer order.

Counsel for the respondent and the Government Advocate submitted that petitioner will not have any adverse effect because promotion from the post

of Chief Municipal Officer Class B and Revenue Officer of Class A or Class A Municipal Officer having five years' experience of the respective

post is the requirement for promotion and the experience of petitioner in Chief Municipal Officer Class C will also be counted.

After hearing the arguments of both the parties, it is clear that Chief Municipal Officer Class B is a Class 2 post, however, Chief Municipal Officer

Class C is Class 3 post. Therefore, petitioner is correct in making averment that her social status will be suffering if she is transferred to Nagar

Parishad Chandla, District Chhatarpur.

It is settled law that power of transfer cannot be exercised to reduce the position of the employee transferred as has been held in AIR 1986 SC 1200.

On going through other documents, which have been filed by the parties, it is found that petitioner has been transferred even in a short span of four

months. In the transfer order dated 24.06.2019, it is not mentioned that due to administrative exigency petitioner is being transferred.

In view of the aforesaid facts and circumstances of the case, writ petition is allowed. Impugned order dated 24.06.2019 (Annexure P/3) in respect of

the petitioner is quashed. The respondent No.4-Ramvaran Singh Rajoriya may be placed to some other place according to his status and position.

C.C. as per rules.