Citation : 2021 Latest Caselaw 1436 MP
Judgement Date : 8 April, 2021
1 WP-7990-2021
The High Court Of Madhya Pradesh
WP-7990-2021
(SANDEEP KUMAR SHUKLA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 08-04-2021
Shri S.K. Tiwari, learned counsel for the petitioner.
Shri Tapan Bathre, learned counsel for the respondent/State.
Heard through video conferencing.
By this writ petition, the petitioner who is working on the post of Auditor and Nodal Officer at Zila Panchayat, Rewa has challenged the
transfer order dated 27.03.2021 transferring him from District Rewa to District Anuppur.
Learned counsel for petitioner submits that the petitioner is a contract employee and that in view of the circular dated 30.03.2007 (Annexure P/4), his services cannot be transferred outside the district Rewa. He further submits that identical controversy has been considered and decided by the principal seat by order dated 6/8/2020 passed in WP No.8931/2020 in the case of Dr. Ajit Singh Vs. State of MP and others in view of which the transfer cannot be sustained.
Learned counsel for State at this stage has submitted that the petitioner'™s representation dated 27.03.2021 against the impugned transfer order is already pending and the respondent No.1 has no objection in deciding the petitioner'™s representation within a time bound period.
Having regard to the aforesaid, the present writ petition is disposed of by directing the respondent No.1 to take an appropriate decision in accordance with law on the petitioner'™s pending representation having due regard to the Circular and the judgment on which the petitioner has placed reliance upon as expeditiously as possible preferably within a period of six weeks from the date of receipt of certified copy of this order.
Petitioner is directed to submit certified copy of this order to the respondent No.1 within a period of 15 days from today.
The petitioner will be allowed to continue in the present place of 2 WP-7990-2021 posting till the representation is decided.
C.C. as per rules.
(NANDITA DUBEY) JUDGE
pn Digitally signed by PANKAJ NAGLE Date: 2021.04.09 12:27:32 +05'30'
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