Vishal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5705 MP

                                                                1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                  CHIEF JUSTICE
                                                        &
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                ON THE 10 th OF APRIL, 2023
                                               WRIT APPEAL No. 290 of 2022

                    BETWEEN:-
                    VISHAL SINGH S/O UTTAM SINGH, AGED ABOUT 35 YEARS,
                    OCCUPATION: GOVERNMENT SERVICE R/O GRAM POST
                    SATTADHANA, TEHSIL AND DISTRICT SAGAR (MADHYA
                    PRADESH)

                                                                                             .....APPELLANT
                    (BY SHRI JUBIN PRASAD - ADVOCATE)

                    AND
                    1.     THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
                           SECRETARY URBAN DEVELOPMENT AND HOUSING DEPTT
                           VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

                    2.     COMMISSIONER   URBAN    ADMINISTRATION                  AND
                           DEVELOPMENT BHOPAL, (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                    (BY SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE)

                           This appeal coming on for admission this day, the Court passed the following:
                                                             ORDER

The present appeal is being filed assailing the order dated 02.03.2022 passed by the learned Single Judge in dismissing Writ Petition No.2848 of 2022.

2. From the record it is seen that challenge was made to the transfer order dated 19.01.2022 passed by the respondent No.2 transferring the petitioner from the post of Deputy Commissioner Municipal Corporation, Bhopal to Nagar Palika Parishad

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 4/13/2023 6:01:58 PM

Chitrakoot, District Satna. The challenge was made on the ground that the same is contrary to the provisions of service rules. It is an admitted position that the transfer order has already been executed by the petitioner long back and he has joined at the transferred place of posting, therefore, no relief could have been extended to the petitioner. The learned Writ Court has rightly considered all the aspects of the case and has dismissed the writ petition.

3. The learned Writ Court has considered in detail the judgment passed by the Division Bench of this Court in the case of Radheshyam Mandloi Vs. State of M.P. (Writ Appeal No.382 of 2021) decided on 09.06.2021 on which the petitioner has placed heavy reliance and has held that the same is completely different from the issue which has

been raised before this Court. It was considered that the petitioner's transfer to Municipality which falls in Class-C is for the reason that the petitioner was serving on the post of Deputy Commissioner at Nagar Palika Nigam, Bhopal whereas he was substantively appointed as C.M.O. Class-B and was not eligible to hold the post of Class-A. Therefore, the basic argument of the petitioner that he was officiating as Deputy Commissioner in Class-A post could not have been transferred. The aforesaid argument could not be explained owing to the reason that the substantive post of the petitioner was Class-B.

4. Be that as it may. The order of transfer has already been executed by the petitioner and he has already joined at the transferred place of posting, therefore, the executed transfer order cannot be stayed. Thus, no relief can be extended to the petitioner.

5. In view of the aforesaid, no further directions are required in the matter.

6. The writ appeal stands disposed off.

7. The petitioner is always at liberty to approach the authorities as far as his posting in Class-C is concerned.

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 4/13/2023 6:01:58 PM

(RAVI MALIMATH) (VISHAL MISHRA) CHIEF JUSTICE JUDGE AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 4/13/2023 6:01:58 PM