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Madhya Pradesh High Court · body

2010 DIGILAW 923 (MP)

D. K. Singh v. State of M. P.

2010-09-13

S.K.GANGELE

body2010
ORDER 1. Petitioner has filed this petition challenging the order, Annexure P-I dated 21.6.2010, by which he has been relieved to join at Government P.G., College, Morena. 2. The petitioner was appointed as Assistant Professor w.e.f. 21st October 1993. Vide an order dated Ist August 2008 he was transferred from Government P.G. College, Dabra to Government Girls Post Graduate College, Morar. Since then the petitioner had been working at Government Girls Post Graduate College, Morar. Respondent No.1 issued an order dated 14.6.2010 and directed all the Principals of Government Colleges to relieve all the Professors/Assistant Professors, who were posted under attachment. Consequently, the order, Annexure P-I has been passed by the Principal by which the petitioner has been relieved to join at Government P.G. College, Morena. 3. Respondent in the return stated that the petitioner was attached at Vijayaraje Government Girls Post Graduate College, Morar, because there was no regular post of the petitioner is available at Vijayaraje Government Girls Post Graduate College, Morar. Looking to shortage of teachers at one place and excess of teachers at another place the State Government took a policy decision that Professors/Assistant Professors, who are working on attachment at some other places and whose salaries have been drawn from another place, should be relieved forthwith for joining at the places from where their salaries have been drawn and because the salary of the petitioner is being drawn from Government, P.G. College, Morena hence, he has been relieved for joining at the aforesaid college by the impugned order. Thus, there is no arbitrariness or illegality in the impugned order. 4. From the facts of the case it is clear that the petitioner was posted at Vijayaraje Government Girls Post Graduate College, Morar, vide order dated' 1.8.2008, copy of which order has been filed as Annexure P-4. However, in the aforesaid order, it has not been mentioned that there was no post available at Vijayaraje Government Girls Post Graduate College, Morar and the petitioner would get his salary from Government P.G. College, Morena. If the petitioner is in excess or there is no post available in a particular college, in such circumstances, certainly the employer has a right to post the employee at the place where the post is available. If the petitioner is in excess or there is no post available in a particular college, in such circumstances, certainly the employer has a right to post the employee at the place where the post is available. However, that decision has to be taken by the Authority after considering all the factors and a particular order in regard to employee has to be passed mentioning those facts. 5. In the present case, the petitioner has been relieved in pursuance to the general order passed by the State Government Annexure P-2 dated 14.6.20 10. However, it is not clear from the impugned order that the Authority has applied its mind before relieving the petitioner that whether petitioner was attached in the institution or not? In such circumstances, the petition of the petitioner is disposed of with the following directions: (1) That the impugned order. Annexure P-I dated 21.6.2010 is hereby quashed. (2) The Authorities are granted four weeks' time to consider the case of the petitioner an they should also consider the fact that whether the post of the petitioner is in existence at the institution where he has been working, and, if not, the petitioner is entitled to be transferred to another institution where the post is available and thereafter the Authorities shall pass the order mentioning the reasons. (3) Up to that period the petitioner be permitted to continue to work at Vijayaraje Govt. Girls Post Graduate College, Morar. (4) Looking to the facts of the case, there shall be no order as to costs.