Rajkumar Shah vs The State Of Madhya Pradesh
2023 Latest Caselaw 2702 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                  ON THE 14 th OF FEBRUARY, 2023
                  WRIT PETITION No. 3430 of 2023

BETWEEN:-
RAJKUMAR SHAH S/O SHRI ASHWANI KUMAR SHAH,
AGED ABOUT 36 YEARS, OCCUPATION: WORKING AS
GRAM ROJGAR SAHAYAK, GRAM PANCHAYAT
JARAHA, TEHSIL AND DISTRICT SINGRAULI (MADHYA
PRADESH)

                                                           .....PETITIONER
(BY SHRI RAJESH DUBEY - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY, PANCHAYAT AND
      SOCIAL WELFARE DEPARTMENT VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    THE   CHIEF  EXECUTIVE   OFFICER,  JILA
      PANCHAYAT SINGRAULI, DISTRICT SINGRAULI
      (MADHYA PRADESH)

3.    THE CHIEF EXECUTIVE OFFICER JANPAD
      PANCHAYAT, WAIDHAN, DISTRICT SINGRAULI
      (MADHYA PRADESH)

4.    M.P. RAJYA ROJGAR GUARANTEE PARISHAD
      BHOPAL   THROUGH    ITS   COMMISSIONER,
      NARMADA BHAWAN C-WING, ARERA HILLS,
      BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI LALIT JOGLEKAR - GOVERNMENT ADVOCATE)

      This petition coming on for admission this day, th e court passed the
following:
                                 ORDER

By this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(i) To issue a writ of mandamus directing the respondents to consider the representation of the petitioner (Annexure P/4) for posting as per circular and as per terms and condition of service.

(ii) Grant any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded.

It is the submission of learned counsel for the petitioner that he was appointed as Gram Rojgar Sahayak at Gram Panchayat Chanchar, Janpad

Panchayat Waidhan, district Singrauli, vide appointment order dated 30.3.2011 (Annexure P/1). As per Clause 5 of appointment order, contractual appointment on the post of Gram Rojgar Sahayak was made for a particular gram panchayat and therefore he could not have been posted at a different place. However, on 19.9.2018 he was posted/ transferred from Gram Panchayat Chanchar to Gram Panchayat Jaraha, Janpad Panchayat Waidhan, district Singrauli. Petitioner executed the transfer order and joined and at his place another person was appointed as Gram Rojgar Sahayak. Circular dated 22.11.2019 (Annexure P/3) of the State Government contemplates that contractual Gram Rojgar Sahayaks should be posted in the appointed gram panchayats only and they should not be transferred to any other panchayats. The petitioner also made a representation in this regard but no affirmative steps have been taken by the respondents.

Learned counsel for respondents opposed the prayer and prayed for dismissal of the petition.

Heard learned counsel for the parties and perused the documents appended thereto.

This is a case where petitioner, who was appointed at Gram Panchayat Chanchar initially in the year 2011, has been transferred to another gram panchayat in the year 2018. Petitioner is a contractual employee and his lien on substantive post is over a particular gram panchayat. Madhya Pradesh State Employment Guarantee Council has framed the policy in this regard in which Clauses 2, 5, 8, 12 and 15 are worth consideration.

To cut the discussion short and meaningful, this court in Writ Petition No.21986/2021 (Bihari Pal v. The State of Madhya Pradesh and others) and other connected matters vide order dated 5.1.2023 has discussed all these issues, decided the point and directed the State Government to revert back Gram Rojgar Sahayaks to their parent gram panchayats. Transfer of Gram Rojgar Sahayaks to different gram panchayats in normal circumstances on the pretext that they had some dispute with the Sarpanch has led to an anomalous situation and all these contingencies have been discussed in the said order.

Considering the ratio of the said judgment, it is imperative that respondents should consider the case of petitioner in the light of observations made by this court in Writ Petition No.21986/2021 and other connected matters.

Resultantly, the petition stands allowed to the extent that if the petitioner prefers a representation along with the certified copy of this order as well as

photo copy of order dated 5.1.2023 passed in Writ Petition No.21986/2021 and other connected matters before the respondents then they shall decide the case of petitioner within a month in the light of judgment so passed and place the petitioner at his parent gram panchayat, in case some other impediment does not come in his way.

With the above, the petition stands disposed of.

(ANAND PATHAK) JUDGE ps Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.20 10:40:13 +05'30'