Ripusoodan Prasad Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 1332 MP

                                         1        WRIT PETITION NO. 1547/2021




       HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
                                  JABALPUR

Writ Petition No.                1547/2021
Parties Name:                    Ripusoodan Prasad Pandey Vs. State of M.P. and
                                 others
Bench Constituted                Single Bench
Judgment delivered By            HON'BLE SHRI JUSTICE VISHAL DHAGAT
Whether       approved     for
reporting
Name of counsel for parties      For petitioner : Shri Aditya Ahiwasi, Advocate

                                 For Respondents/State: Shri Anshuman Swami,
                                 Panel Lawyer
Law laid down

Significant         paragraph
number

  Hearing Through Video Conferencing
                                   ORDER

6.04.2021 Petitioner has filed this present writ petition challenging order

dated 24.9.2020 contained in Anneuxre P/1, by which petitioner was

assigned duty on Beat Bahili and asked to report on duty on the said

place. Petitioner has challenged said order on the ground that he is

working on daily rated basis and cannot be transferred.

2. Counsel for the petitioner has relied on full Bench judgment

reported in 2010(2) MPLJ 662-Ashok Tiwari Vs. M.P. Text Book

Corporation . On strength of said judgment, it is argued that as

petitioner is daily rated employee and he is not holding any post and

not governed by Service Rules, therefore, he cannot be subjected to

transfer. In view of same, it was argued that transfer order is bad in

law and deserves to be quashed.

2 WRIT PETITION NO. 1547/2021

3. Heard learned counsel for the petitioner and also perused order

dated 24.9.2020. Order dated 24.9.2020 is in respect of assigning

duty to petitioner. He was asked to do duty at Beat Bahili. Assigning

duties to an employee does not amount to transfer him. Order dated

24.9.2020 is not a transfer order.

4. In view of tenor of order dated 24.9.2020, it cannot be said

that said order is a transfer order and petitioner being a daily rated

employee has illegally being transferred vide order dated 24.9.2020.

5. In view of same, writ petition filed by the petitioner is

dismissed.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.04.08 18:14:40 +05'30'