Akash Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 4385 MP

                                                    1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 29th OF MARCH, 2022

                                        WRIT PETITION No. 7081 of 2021

                           Between:-
                           AKASH SHARMA S/O SHRI HARCHARAN SHARMA,
                           AGED    ABOUT     37   YEARS, OCCUPATION:
                           ASTT.ACCOUNT OFFICER (CONTACT) NATIONAL
                           RURAL EMPLOYMENT GUARANTEE SCHEME,
                           JANPAD PANCHAYAT BALDEOGARH R/C/O AMAR
                           SHARMA RAM SEVAK SADAN, MUKAM PURANI
                           TAHARI, WARD NO. 1, DISTT.TIKAMGARH M.P
                           (MADHYA PRADESH)

                                                                            .....PETITIONER
                                 SHRI ABHILASH DEY, ADVOCATE FOR PETITIONER

                                                          AND

                      1.   THE STATE OF MADHYA PRADESH THR
                           SEREATARY     PANCHAYAT     AND    RURAL
                           DEVELOPMENT DEPTT, VALLABH BHAWAN
                           BHOPAL M.P DISTT. (MADHYA PRADESH)

                      2.   THE M.P. STATE EMPLOYMENT GUARANTEE
                           C O U N C I L THROUGH EXECTIVE OFFICER
                           NARMADA BHAWAN 2ND FLOOR C WING 59
                           ARERA HILLS (MADHYA PRADESH)

                      3.   THE                COLLECTOR TIKAMGRAH
                           DISTT.TIKAMGRAH (MADHYA PRADESH)

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

                      5.   PROGRAMME OFFICER AND CHIEF EXECUTIVE
                           O F F I C E R MNEGS JANPAD  PANCHAYA
                           BALDEOGARH DISTT.TIKAMGRAH (MADHYA
                           PRADESH)

                      6.   SHRIRAM VERMA S/O MUKUNDILAL VERMA,
                           AGED ABOUT 53 YEARS, OCCUPATION: ASSISTANT
                           ACCOUNT OFFICER (CONTRACT) NATIONAL
                           RURAL EMPLOYMENT GUARANTEE SCHEME
                           JANPAD    PANCHAYAT      DISTT,TIKAMGARH
                           (MADHYA PRADESH)

                      7.   SHRI RAJIV PATODIYA ASSISTANT ACCOUNT
                           OFFICER        JANPAD        PANCHAYAT
                           DISTT.TIKAMGRAH (MADHYA PRADESH)

Signature Not         8.   SHRI LAXMAN DAS AHIRWAR S/O KALLU LAL
 SAN
Verified                   AHIRWAR , AGED ABOUT 47 YEARS, OCCUPATION:
                           ASSISTANT ACCOUNT OFFICER (CONTRACT)
Digitally signed by
AMIT JAIN                  NATIONAL RURAL EMPLOYMENT GUARANTEE
Date: 2022.04.05           SCHEME          JANPAD          PANCHAYAT
14:42:54 IST
                             2
        DISTT.TIKAMGARH (MADHYA PRADESH)

                                                         .....RESPONDENTS
             SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER FOR STATE

     This writ petition is taken up for hearing and the Court has passed
                              the following:
                                ORDER

Petitioner is challenging the impugned order Annexure P/1 dated 23.12.2020, whose name appears at Serial No.7, was transferred from the post of Assistant Accounts Officer (MNREGA) (Contractual), Janpad Panchayat Jatara, District Tikamgarh to Janpad Panchayat Baldeogarh, District Tikamgarh on the ground that the services of the contractual employees are not liable to be transferred. Challenge is also made to the order Annexure P/1 dated 18.3.2021 & the order Annexure P/2 dated 12.3.2021.

Learned counsel for the petitioner places reliance on the judgment of the Full Bench of this Court in the case of Ashok Tiwari versus M.P. Text Book Corporation & Another 2010 (2) M.P.H.T 469 and submits that the petitioner, who is a contractual employee, is not liable to be transferred. The issue of transfer of the contractual employee(s) has already been considered by the Full Bench & it is held that the transfer of the contractual employee(s) is bad-in-law. He also submits that without consent of the petitioner, he could not have been transferred from one Janpad to another Janpad within the same district. He further submits that his services are non-transferable and, therefore, it is prayed that the impugned transfer order be quashed showing indulgence in the matter.

Learned Panel Lawyer for the respondent/State, in his turn, submits that as per policy dated 24.7.2017, the transfer of contractual employee, who has completed three years of service, is permissible from one Janpad Panchayat to another within the same district and there is no illegality in the impugned order. The petitioner is unnecessarily trying to wreck up the

issue of malafides whereas neither any malafides is made out nor there is any substance in the contention of learned counsel for the petitioner to make out a case of malafides. The petitioner is not entitled to seek any indulgence and, therefore, this writ petition be dismissed.

After hearing learned counsel for the parties and going through the record, it is apparent that the policy dated 24.7.2017 permits the transfer from one Janpad Panchayat to another within the same district. The facts in

the case of Ashok Tiwari versus M.P. Text Book Corporation & Another (supra) are different. The case of Ashok Tiwari versus M.P. Text Book Corporation & Another (supra) is in relation to a daily rated employee, who is not governed by any service rules. The petitioner is not admittedly a daily rated employee. He is a contractual employee. He has already accepted one transfer in past and, therefore, the doctrine of estoppel by acquiescence will be applicable. It is not more open to the petitioner to say that his services are not liable to be transferred. The aforesaid pronouncement of law cited by learned counsel for the petitioner is not applicable to the facts & circumstances of the present case.

Annexure R/1 issued by the Commissioner of the Madhya Pradesh State Employment Guarantee Council Dated 7.3.2019 provides that the contractual employees engaged under Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGA) can be transferred from one Janpad to another within the same district on administrative grounds with prior consent of the Collector concerned. Annexure R/1 issued by the Commissioner of the Madhya Pradesh State Employment Guarantee Council Dated 7.3.2019 has not been challenged by the petitioner.

In that view of the matter, I do not find any illegality in the impugned transfer order(s). Moreover, at this distance of time, the relief sought by the petitioner has become redundant.

Accordingly, this writ petition is dismissed.

Interim order, if any, stands vacated.

(VIVEK AGARWAL) JUDGE amit