Madhya Pradesh High Court

Pramod Kumar Gontiya vs The State Of Madhya Pradesh on 26 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

         NEUTRAL CITATION NO. 2025:MPHC-JBP:25171




                                                             1                            WP-19463-2025
                              IN     THE     HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 26th OF MAY, 2025
                                                WRIT PETITION No. 19463 of 2025
                                              PRAMOD KUMAR GONTIYA
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Siddharth Kumar Sharma - Advocate for the petitioner.

                                   Shri A.S. Baghel - Government Advocate for the respondents/State.

                                                                 ORDER

The present petition has been filed assailing the order dated 20.05.2025 passed by the respondent No.1 whereby the respondent No.3 who is holding the post of Sub Divisional Officer, Sub Division Bareli, Raisen Division, District Raisen is transferred and is assigned the post held by the petitioner i.e. In charge Executive Engineer, Public Works Department, Division No.1, Rewa.

It is the case of the petitioner that he is presently holding the

substantive post of Assistant Engineer (Civil). He was transferred and posted as In charge Executive Engineer, Public Works Department, Division No.1, Rewa vide order dated 31.01.2025 passed by the respondent No.2. He has only worked on the said post for a period of four months. Thereafter all of a sudden, the impugned order has been passed by the authorities posting Assistant Engineer on the said post. It is argued that the respondent No.3 is

NEUTRAL CITATION NO. 2025:MPHC-JBP:25171

2 WP-19463-2025 much junior to the petitioner, moreover, he is holding the substantive post of Assistant Engineer in the department. The petitioner was working as an In charge Executive Engineer in the Public Works Department, therefore, there is malice in the order. Therefore, this petition has been filed assailing the same. He has approached the authorities by filing a detailed representation, however, no action has been taken by the authorities. Therefore, an innocuous prayer is made to direct the authorities to consider and decide the pending representation of the petitioner and till the representation is decided, the petitioner may be permitted to continue as In charge Executive Engineer, Public Works Department, Division No.1, Rewa.

Counsel appearing for the respondent/State has vehemently opposed the contentions pointing out the fact that it is only the charge which has been

taken away from the petitioner. Moreover, the employee like the petitioner is posted by granting charge, then no substantive right accrues to the petitioner to hold the post in question, in terms of the judgment passed by the Hon'ble Supreme Court in the case of State of Haryana vs. S.M. Sharma and others reported in AIR 1993 SC 2273. It is further argued that the respondent No.3 has already joined at the present place of posting. However, there is no answer to the proposition that the respondent No.3 holding the substantive post of Assistant Engineer can be posted in the place of Executive Engineer.

Considering the overall facts and circumstances of the case, as well as the innocuous prayer made by the learned counsel for the petitioner, this petition is disposed off directing the respondent No.1 to consider and decide the pending representation of the petitioner within a period of 15 days from

NEUTRAL CITATION NO. 2025:MPHC-JBP:25171

3 WP-19463-2025 the date of receipt of certified copy of this order.

Till the decision is taken by the authorities on the representation submitted by the petitioner, the respondents are directed to permit the petitioner to work at the present place of posting as In charge Executive Engineer, Public Works Department, Division No.1, Rewa.

Accordingly, the petition is disposed off.

Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE