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Madhya Pradesh High Court · body

2019 DIGILAW 379 (MP)

Pooja Jain v. State of M. P.

2019-05-10

S.K.SETH, VIJAY KUMAR SHUKLA

body2019
ORDER 1. He is heard on the question of admission. 2. Petitioner is aggrieved by order dated 8.3.2019 whereby she has been transferred in the same capacity on administrative ground from the post of Chief Executive Officer, Janpad Panchayat Niwari to Murar, District Gwalior. The transfer order is assailed on the ground that petitioner entered the Government service after her selection by the M.P. Public Service Commission as Chief Executive Officer, Janpad Panchayat and her first posting was at Tikamgarh Janpad Panchayat, District Tikamgarh. From Janpad Panchayat Tikamgarh she was transferred to Janpad Panchayat Niwari by order dated 1.8.2018 passed by the Commissioner, Sagar Division, Sagar. In compliance of the order of transfer from Tikamgarh to Niwari, petitioner submitted her joining on 6.8.2018. 3. Submission of counsel for the petitioner is that petitioner has barely completed 7 months at Niwari and by the order impugned, she has been transferred to Murar, District Gwalior. Thus, the contention of learned counsel for the petitioner is that petitioner is a victim of frequent transfer. 4. The second ground to assail the transfer order is that the order impugned is violative of clause (c) of the communication dated 11th December, 2018 issued by the Dy. Election Commissioner of the Election Commission of India. The next ground urged is that the person who has been transferred in her place is only a Block Development Officer and he has been transferred and posted at Niwari as Incharge, CEO of Janpad Panchayat which is impermissible under the law and lastly it is submitted that the order impugned has not been authenticated as per requirement of Article 166 of the Constitution of India. 5. After having heard learned counsel for the petitioner and considering the law laid down by their Lordships' of Supreme Court in various decisions that the transfer is a normal incidence of service and the government servant cannot dictate terms to the employer as to when, where and how long the government servant shall remain posted at a particular Station. It is for the Government to decide the postings in the administrative exigencies. 6. It is for the Government to decide the postings in the administrative exigencies. 6. We dispose of the writ petition with the direction that in case petitioner prefers a representation along with certified copy of this order to the Principal Secretary, Panchayat and Rural Development Department within a week from today, the Principal Secretary, Panchayat and Rural Development Department shall consider and decide the representation in accordance with law within a period of two months from the date of receipt of representation. 7. We make it clear that in case the petitioner has not been relieved from the post of Chief Executive Officer, Niwari then she will be allowed to continue to function at Niwari till the decision of the representation. 8. Writ Petition accordingly stands disposed of.