Arvind Singh Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1416 MP

                                                         1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 1st OF FEBRUARY, 2022

                                         WRIT PETITION No. 21865 of 2019

                               Between:-
                               ARVIND SINGH PARIHAR S/O LATE SHRI LAL
                               SINGH PARIHAR , AGED ABOUT 31 YEARS,
                               OCCUPATION: GRAM ROJGAR SAHAYAK
                               VILL.  NARGODA     DIST.   TIKAMGARH
                               (MADHYA PRADESH)

                                                                                       .....PETITIONER
                               (BY SMT. JANHAVI PANDIT, ADVOCATE)

                               AND

                      1.       THE STATE OF MADHYA PRADESH THR.
                               PRINCIPAL SECRETARY VALLABH BHAWAN,
                               BHOPAL (MADHYA PRADESH)

                      2.       DIRECTOR DIRECTORATE OF PANCHAYAT
                               RAJ BHOPAL (MADHYA PRADESH)

                      3.       C O L L E C T O R T I K A M G A R H TIKAMGARH
                               DISTT.TIKAMGARH (MADHYA PRADESH)

                      4.       CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
                               T I K A M G A R H TIKAMGARH
                               DISTT.TIKAMGARH (MADHYA PRADESH)

                      5.       CHIEF    EXECUTIVE   OFFICER  JANPAD
                               PANCHAYAT       TIKAMGARH TIKAMGARH
                               DISTT.TIKAMGARH (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                               (BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER)
                               (BY SHRI QUAZI FAKHRUDDIN, ADVOCATE FOR THE
                               INTERVENER)
                                            (Heard through Video Conferencing)
                             This petition coming on for admission this day, Hon'ble Shri Justice
                      Vivek Agarwal passed the following:
                                                          ORDER

Petitioner has filed this petition challenging his transfer from the post of Gram Rojgar Sahayak from Gram Panchayat Narguda to Gram Panchayat Patarkhera on the ground that in the appointment order itself, there is a mention of the fact that Gram Rojgar Sahayak appointed on contract shall not Signature SAN Not be transferred to any other place and there appointment will be only for a Verified

Digitally signed by VAIBHAV YEOLEKAR Date: 2022.02.03 10:41:43 IST

specific place.

Learned counsel for the private respondent does not dispute this clause.

Learned Panel Lawyer has placed reliance on the judgment by a Division Bench of this Court in W.A. No. 1456/2019 decided on 03/09/2019

wherein applying the principle of estoppel, a Division Bench of this Court has held that since petitioner therein was Hemant Sharma has not objected to earlier transfer, therefore, he was stopped from raising this plea of applicability of Clause 8, however, facts of the present case are different.

It is not the case of the respondents that petitioner was earlier transferred and he accepted that transfer without any protest and, therefore, he is estopped from taking that plea now.

In view of the above specific conditions mentioned in the order of appointment and there being no contrary material brought on record by learned Panel Lawyer and the private respondent, impugned order of transfer cannot be given seal of approval. It is hereby quashed.

Accordingly, in terms of above, the petition is allowed and disposed of.

VIVEK AGARWAL) JUDGE vy