Bihari Singh Paraste vs The State Of Madhya Pradesh
2023 Latest Caselaw 1030 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                      ON THE 17 th OF JANUARY, 2023
                                                     WRIT PETITION No. 26244 of 2022

                                  BETWEEN:-
                                  BIHARI SINGH PARASTE S/O LATE SHRI SANT RAM
                                  PARASTE, AGED ABOUT 47 YEARS, OCCUPATION:
                                  ASSTT. VETERINARY FIELD OFFICER VETERINARY
                                  HOSPITAL BICHIYA DINDORI DISTRICT DINDORI M.P.
                                  (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                  (NONE FOR PETITIONER)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        SECRETARY ANIMAL HUSBANDARY AND DAIRY
                                        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                                  2.    DY. DIRECTOR OF VETERINARY SERVICES
                                        DISTRICT DINDORI (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                  (BY SHRI PIYUSH BHATNAGAR - PL FOR STATE)

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

                                  following:
                                                                     ORDER

Petitioner has filed this petition seeking quashment of order dated 04/10/2022 passed by the State Government whereby he has been transferred from Veterinary Hospital Bichiya, District Dindori to Veterinary Hospital Begamganj, District Raisen on the post of Assistant Veterinary Field Officer. Signature Not Verified

Petitioner has taken two grounds to assail the transfer order, namely he is SAN

Digitally signed by TARUN KUMAR SALUNKE Date: 2023.01.18 10:26:58 IST an elected representative of Madhya Pradesh Anusuchit Jati- Janjati Adhikari

Evam Karamchari Sangh (AJJAKS) and secondly his place of posting is far from residence and that will cause obstruction in discharge of his family responsibilities as his mother is a senior citizen and not keeping in good health.

Shri Piyush Bhatnagar, learned Panel Lawyer for State submits that petitioner is not a elected representative. Petitioner has not disclosed as to for how many times he has held the post earlier in terms of para 33 of the transfer policy. This exemption is available only for two tenures of two years each i.e for four years during the whole service career. In absence of any material on record the transfer order made on account of administrative exigency does not call for any interference.

Shri Piyush Bhatnagar also submits that in case of Kanhaiyalal Bilgava Vs. State of M.P in W.P No. 18426 of 2021 , Indore Bench vide order dated 16/09/2021 has referred to judgment of Gwalior Bench in 2019(4) M.P.J.R 17 (SN) (Umesh Kumar Goyal Vs. The State of Madhya Pradesh & ors) to the effect that no protection is given to the 'nominated' office bearers in the policy. Petitioner has not brought any documents to show that he is not a nominated but elected representative because certificate enclosed by the petitioner reveals that it was issued as per directions of the Regional Head of AJJAKS. Shri Bhatnagar also referred to the order in case of W.P No.122312017 (Ramesh Kumar Soni Vs. State of M.P) in which it is opined that transfer policy is not binding in nature and it does not provide any immunity to the Office Bearer, relevant para is reproduced as under:-

"The immunity from transfer is given to the office bearers "ordinarily". No enforceable right is created by clause 8.19 to remain posted at the same Signature Not Verified SAN

place. The administrative exigency and job requirement of the department must Digitally signed by TARUN KUMAR SALUNKE

be given preference over association activities. The government employees Date: 2023.01.18 10:26:58 IST

must realise that he is appointed to perform the duties of his post and not to act as office bearer of an association. For this reason also, the said clause of policy is of no assistance to the petitioner."

Transfer policy itself provide for making a representation and petitioner's representation is pending before the Additional Chief Secretary as contained in Annexure P-5. Therefore, no purpose will be served by keeping this petition pending, it is directed that in case petitioner approaches the the Additional Chief Secretary, Veterinary Department within seven days from today, then the said authority shall consider and decide the pending representation through a speaking order on its own merits within further period of 15 days.

In above terms this petition is disposed off.

(VIVEK AGARWAL) JUDGE tarun

Signature Not Verified SAN

Digitally signed by TARUN KUMAR SALUNKE Date: 2023.01.18 10:26:58 IST