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Madhya Pradesh High Court · body

1994 DIGILAW 714 (MP)

Vishnu Kumar Chaturvedi v. State of M. P

1994-09-22

S.K.DUBEY

body1994
JUDGMENT The petitioner is Upper Division Clerk and is working on the post of Asstt. Record Keeper in the office of District & Sessions Judge, Gwalior Vide order dt.6.8.94 (Annexure-P/6) the petitioner has been transferred to Dabra to work as Naib Nazir which is equivalent to cadre of lower Division Clerk, therefore, the petitioner, aggrieved of his demotion by way of transfer, has approached this Court under Article 226 and 227 of the Constitution of India. When the matter came up for hearing on 21.9.94, learned Govt. Advocate sought time to verify whether the cadre of Naib Nazir is equivalent of Upper Division Clerk or not. Today learned counsel for the respondents after verifying the fact from the Court of District & Sessions Judge, Jabalpur informs and makes statement that the cadre or Naib Nazir is equivalent to that of Lower Division Cleric In view of the statement made by the Government Advocate, counsel for the petitioner submits that the petitioner has no objection to work at Dahra hut he should he given the equivalent post of cadre. He also submits that a post of Upper Division Clerk is lying vacant at Dabra, therefore, he can he adjusted then; or if he has to discharge the duties even or Naib Nazir he shall discharge his duties as Upper Division Clerk. In view of the admitted position and the fact the petitioner is willing to join at Dahra, the District and Sessions Judge, Gwalior is directed to reconsider the mailer and to pass fresh order in respect of his transfer and posting at Dahra, so that his conditions of service may not be affected adversely. The Distt. & Sessions Judge shall pass orders within a week. Petitioner shall file a copy of this order before the Distt. & Sessions Judge, Gwalior by day after tomorrow for passing the appropriate orders in respect of posting or the petitioner.