Madhya Pradesh High Court
The State Of Madhya Pradesh vs Dharampal Singh Sengar on 4 July, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:16833
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4th OF JULY, 2025
WRIT APPEAL No. 283 of 2022
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
DHARAMPAL SINGH SENGAR
Appearance:
Shri Bhuwan Gautam - Govt. Advocate for the appellant / State.
Shri L. C. Patne - Advocate for the respondent / writ petitioner.
ORDER
Per: Justice Vivek Rusia
Appellants have filed this writ appeal under Section 2(1) of the
Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal)
Adhiniyam, 2005 being aggrieved by the order dated 16.09.2021 passed
by the Writ Court, whereby Writ Petition No.9746/2012 has been
allowed with the direction to treat the writ petitioner as Head Constable
in the Police Department from the date of allocation to the State of M.P.
and grant him all consequential benefits which is under challenge in this
writ appeal.
The facts of the case, in short, are as under:
02. The writ petitioner was appointed as a Constable in the M.P.
Police Department. On 01.10.2000 the State of M.P. was bifurcated into
State of Chhattisgarh, and vide order dated 14.06.2000 the writ
petitioner was allocated in the State of Chhattisgarh. He was relieved
from the 29th Battalion, Special Armed Forces, Datia (M.P.) and he gave
joining in the Office of Additional Superintendent of Police, MT
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Workshop, Bilaspur (C.G.).
03. After the allocation to the State of Chhattisgarh, the writ petitioner
moved a joint application along with Shri Lomas Prasad Upadhyay for
mutual transfer back to the State of M.P. The application was moved in
the year 2004 followed by a second application which was moved on
03.03.2005. The application for mutual transfer was allowed on
26.10.2007. Mr L.P. Upadhyay was relieved from the State of M.P. on
16.11.2007 and joined the State of Chhattisgarh, whereas the writ
petitioner was not relieved and continued in the State of Chhattisgarh.
04. The writ petitioner appeared in the examination for promotion
from the post of Constable (Mechanic) to the post of Head Constable,
Mechanic (M.T.) held by the Department of Home, C.G. Police. The
writ petitioner was declared successful and vide order dated 22.09.2007
issued by DGP, Police Headquarter, Raipur he was promoted to the post
of Head Constable, (M.T.). The writ petitioner joined his duties on
26.03.2008 as Head Constable, Mechanic at M.T. Workshop, Raipur.
05. Under the order of allocation dated 26.10.2007, the writ petitioner
vide order dated 18.05.2009 was relieved from the State of Chhattisgarh.
The writ petitioner gave joining in the State of Madhya Pradesh but his
joining was accepted as Constable (M.T.) in 32nd Battalion, SAF, Dhar
(M.P.) on 01.12.2009. He submitted a representation on 01.12.2009 to
treat him as Head Constable (Mechanic) on account of his promotion to
the said post. Vide order dated 29.05.2012, respondent No.2 has rejected
the representation and the same was communicated to the writ petitioner
vide order dated 06.06.2012. Hence, the writ petition was filed before
this Court.
06. The State of M.P. filed the brief reply that now the writ petitioner
has been promoted to the post of Head Constable vide order dated
10.01.2013 and he has accepted the same hence, nothing remains in the
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writ petition for adjudication. Before the Writ Court, the learned counsel
for the writ petitioner has placed reliance on a judgment passed by the
Coordinate Bench of this Court in the case of Manoj Kumar Lahoriya
v/s The State of Madhya Pradesh & another in Writ Petition No.3236
of 2010 decided on 07.02.2011 which has been affirmed by Division
Bench of this Court. Vide order dated 06.10.2012, the Writ Court has
held that the case of the writ petitioner is similar to the case of Manoj
Kumar Lahoriya (supra) and accordingly set aside the impugned order
by directing the State to treat the writ petitioner as Head Constable in
the State of M.P. from the date of allocation. Hence, this writ appeal
before this Court.
Submissions of the appellants
07. Shri Bhuwan Gautam, learned Govt. Advocate for the appellant /
State submits that the writ petitioner was mutually transferred on
26.10.2007 as Constable, he ought to have immediately got himself
relieved and joined the State of M.P. but he waited till his promotion on
22.09.2007 and thereafter, relieved from the post of Head Constable.
The Government had approved his mutual transfer with Mr. L.P.
Upadhyay Constable in M.P. Police treating the writ petitioner as a
Constable. The State of M.P. is not bound by the promotion given by the
State of Chhattisgarh. The writ petitioner was transferred from the State
of M.P. and reallocated to the State of M.P. as Constable, therefore, the
promotion of the petitioner to the post of Head Constable would be out
of turn promotion in the State of M.P. and that would disturb the
seniority of Constable as well as Head Constable. It is further submitted
that the senior Constables to the writ petitioner in the gradation list have
been working as a Constable at that relevant point of time.
Submissions of the respondent /petitioner
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08. Shri L.C. Patne, learned counsel for the respondent contends that
the writ petitioner was duly promoted in the State of Chhattisgarh after
qualifying the departmental examination, therefore, he is liable to be
reallocated in the State of M.P. as Head Constable. His promotion and
seniority in the post of Head Constable cannot be taken away in the
State of M.P. The service of the writ petitioner has been in continuity
from the date of appointment till today irrespective to the effect that
from year 2000 to 2008, he was in the State of Chhattisgarh, therefore,
any promotion earned during this period is liable to be accepted by the
State Government.
We have heard learned counsel for both the parties at length and
perused the entire record.
09. Admittedly the writ petitioner applied for mutual transfer in the
capacity of Constable with his counterpart constable in the M.P. Police.
The GAD of the M.P. Police considered both applications for mutual
transfer treating them constable. The State of Chhattisgarh also accorded
approval for their mutual transfer to the post of Constable.
10. Vide Circular dated 29.04.2005, the Central Government, General
Administration Department, State Reorganization Cell, Bhopal settled
the terms and conditions in respect of transfer / mutual transfer of
government employees / officers by way of allocation between State of
M.P. and Chhattisgarh. Clause 10 of the Circular which is relevant in
this writ petition is reproduced below:
"10. भारत सरकार द्वारा ककये गये अन्ततम राज्यe आवंटन के कदनांक 1
नवंबर 2000 के बाद शासकीय सेवक को उत्ततरवती राज्य में यकद
पदोन्नrन्त दी गई है और वे पारस्प ररक स्था नांतरण करना चाहते हैं तो
उतहेंr पारस्पहररक स्था नांतरण पर आये उत्तंरवती राज्यो में अन्ततम आवंटन
के समय धाररत पद पर पदावन्नरत पर उसी संवगग में संन्वन्ियन ककया
जावेगा। पारस्परररक स्था नांतरण के फिस्वारूप उत्तारवती राज्यत में
कायगभार ग्रहण करने के बाद संबंन्धत अन्धकारी/कमगचारी के संवगग में
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यकद वे पदोन्न न्त हेतु पात्रता रखते हैं तो इस पर न्वचार ककया जा सके गा
और ऐसे अन्धकारी/कमगचारी की सापेक्ष वररष्ठसता अन्खि भारतीय
सेवाओं की भांन्त मूि संवगग में उनके न्नयुन्ि/पदोन्नान्त वषग के अनुसार
अततओ में न्नधागररत की जावेगी। जैसा कक उपरोिो क्रमांक 9 में उल्िे8न्खत
ककया गया है। "
English Translation is as under:
"10. If the Government servant has been promoted to the
successor after the last State allocation made by the
Government of India on 1st November 2000 and he wishes to
make a reciprocal transfer, he will be merged in the same cadre
on promotion to the post held at the time of final allotment in
the successor State on mutual transfer. If they are eligible for
promotion to the cadre of the concerned officer/employee after
joining the succeeding State as a result of mutual transfer, the
same may be considered and the relative seniority of such
officer/employee will be determined at the end as per the year
of their appointment/promotion in the parent cadre as in the
case of All India Services. As mentioned in No. 9 above."
11. It is clear from the aforesaid condition that after final allocation on
01.11.2000, if the Government employee gets a promotion in the
allocated State and applies for transfer to the parent State by way of
mutual consent, then he would be absorbed after demotion in a same
cadre which he was holding at the time of allocation. After joining the
parent State of M.P., the petitioner has been considered for promotion as
per his seniority in the feeder cadre. The writ petitioner submitted an
application under Circular dated 29.04.2005, thus, Clause 10 would be
applicable in his case, as a result of which any promotion given in the
State of Chhattisgarh is liable to be foregone by him in the case of
mutual transfer to the State of M.P.
12. As per clause No.1 of the Circular dated 29.04.2005, the State
cadre employee who has been transferred by way of allocation to the
other State is willing to submit an application for transfer back to their
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parent State then a joint application is liable to be filed for exchange of
transfer by an employee of the same department and same cadre. Clause
No.1 is reproduced below:
"1. राज्यl स्तmरीय संवगों के ऐसे शासकीय सेवक , न्जतहें उत्त2रवती
मध्य1प्रदेश।/छत्तीmसगढ़ राज्यं अंन्तम रूप से आवंरटत हुआ हो , तब वह
उत्त1रवती मध्य/प्रदेश/छत्ती सगढ़ के अन्ततम आवंटन के समय शासकीय
सेवक न्जस पद पर थे उसी न्वभाग/न्वभागाध़्क्ष के उसी सेवा के उसी
पद, उसी संवगग के उसी वेतनमान एवं समकक्ष कायग प्रकृ न्त के शासकीय
सेवक से आपसी स्थासनांतरण कर सकें गे"।
English Translation is as under:
"1. Government servants of State level cadres who have been
appointed as officers of North Madhya Pradesh. If the State of
Chhattisgarh is finally allotted, then he will be able to make the
mutual transfer of the same post of the Government servant at
the time of the last allotment of the same department/head of
the department / department from the same post of the same
cadre and the same working nature of the same government
servant."
13. Therefore, under the aforesaid clause No.1, the writ petitioner and
Mr. Upadhyay submitted an application for mutual transfer in the
capacity of constable and the Police Department of both the States
considered their applications and allowed the same. Even if the writ
petitioner has been promoted in the State of Chhattisgarh, after
reallocation to the State of M.P. he is liable to be absorbed in the cadre
of Constable in M.P. Police.
14. So far as the case of Manoj Kumar Lahoriya (supra) is
concerned, on which the petitioner has placed heavy reliance, the
distinguishable facts are that, firstly, effect of Circular dated 29.04.2005
issued by the Central Government has not been considered, secondly,
there the writ petitioner Manoj Kumar Lahoriya submitted an
application for allocation in the year 2005. The application remained
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pending and meanwhile, he was promoted and thereafter, vide impugned
order dated 01.06.2010, he was allocated to the State of M.P. on the post
of Constable. But in this case, the order of allocation was passed much
before the date of promotion of the petitioner in the State of
Chhattisgarh. After issuance of the order of allocation on 26.10.2007,
immediately, Mr. L.P. Upadhyay was relieved and joined the State of
Chhattisgarh on 16.11.2007, but the writ petitioner continued there till
his promotion on 22.09.2008 and was relieved on 12.05.2009.
15. The Home Department, State of M.P. passed an order of allocation
on 26.10.2007 on the basis of the consent given by the State of
Chhattisgarh on 30.07.2007. In this order, it is specifically mentioned
that the seniority of aforesaid employees shall be as per the Circular
dated 29.04.2005. The writ petitioner was relieved on 12.05.2009,
whereas his counterpart Mr. L.P. Upadhyay was relieved way back on
16.11.2007. Hence, the writ petitioner is not entitled to be treated as
Head Constable in the State of M.P. on the basis of the promotion on
22.09.2007 in the Police Department of State of Chhattisgarh.
16. In view of the above, order dated 16.09.2021 passed by the Writ
Court allowing the Writ Petition No.9746/2012 is hereby set aside.
Consequently, Writ Petition No.9746/2012 is hereby dismissed.
17. With the aforesaid, this Writ Appeal stands allowed. No order as
to cost.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Divyansh
