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Madhya Pradesh High Court · body

2020 DIGILAW 589 (MP)

Munaf Ahmad Ansari v. State of M. P.

2020-05-19

SHEEL NAGU

body2020
ORDER 1. The challenge in this petition under Article 226 of the Constitution of India is to Annexure P-1 by which the current charge of the post of Principal, Government Excellence Higher Secondary School Chanderi has been taken away from the petitioner and handed over to private respondent who according to the petitioner is much junior to the petitioner in the cadre of Lecturer. 2. It is submitted by petitioner that it is not only embarrassing but also a question of heart burning for the petitioner to work under his junior. 3. This Court as well as the apex Court has held time and again that current charge of a particular post does not confer the person holding the charge with any vested right, and, therefore, while taking away the current charge, none of the rights are breached, and, therefore, there is no justiciable cause. 4. Learned counsel for the State, on the other hand, relying upon State of Haryana v. S.M. Sharma and Others, 1993 Supp (3) SCC 252, submits that current charge does not vest any right over the post concerned. It is further submitted by learned counsel for the State that the impugned order was passed 2 months back and the cause raised herein is, therefore, delayed. It is further submitted that petitioner has enjoyed nearly three to four years of officiation of the current charge on the post of Principal. 5. In view of the settled legal position that no justiciable right accrues to a person who holds a post by way of current charge, this Court declines interference. 6. Before parting, it would be appropriate to remind the State and it's functionaries that working under one's junior amounts to heart burning and embarrassment, and therefore, the situation like the present one ought to be avoided as far as possible, unless an extraordinary situation arise. This observation is being made in view of the fact that in our legal set-up, it is not only the vested rights available to a civil post holder but certain legitimate expectations which are required to be taken care of by the employer which should be kept in mind while taking any executive decision entailing disturbance of the hierarchy. Seniority is certainly a vested right and is zealously guarded by a substantively appointed person. Seniority is certainly a vested right and is zealously guarded by a substantively appointed person. Disturbance in seniority often amounts to heart burning which leads to demoralization thereby dissuading the civil post holder in discharging his official duty to the best of his ability which adversely affects efficiency in public administration. 7. This Court hopes and expects that the State and it's functionaries would keep this salutatory principle in mind so that there are least possible occasions of heart burning and embarrassment. 8. With the above said observations, this petition stands disposed of without interfering with the impugned order. 9. Registry is directed to send the copy of this order to the Chief Secretary of the Government of Madhya Pradesh for guidance.