RAM KISHORE DUBEY Vs. STATE OF C G

JUDGEMENT

(1.) THE Petitioners, who were employed as Upper Division Clerk, Lower Division Clerk and Helper, respectively, with the Madhya Pradesh State Road Transport Corporation (MPSRTC), were posted at Bilaspur, within the territorial jurisdiction of the State of Chhattisgarh. Vide order dated 13.06.2001 (Annexure P/6) issue by the Financial Advisor, M.P.S.R.T.C. Head Quarter Habeebgunj, Bhopal the Petitioners No. 1 was transferred from Bilaspur to Jagdalpur and Petitioner No. 2 was transferred from Bilaspur to Rajnandgaon. THE Petitioner No. 3 was transferred from Bilaspur to Jagdalpur vide order dated 12.06.2001 (Annexure P/7) passed by the Assistant Labour and Personnel Officer, M.P.S.R.T.C. Head Quarter, Habeebgunj, Bhopal. THE Petitioners did not comply with the aforesaid transfer orders on the ground that the Petitioners were not paid any transfer allowance, S.A. and arrears of salary. Being aggrieved the Petitioners filed a writ petition being W.P. No. 1226/2001 for the following reliefs. (i) THE Petitioners pray that the Hon'ble Court may be pleased to direct the Respondents to take action against the delinquent employees or to accord permission to the Petitioners, to take legal action against them, so that the law may be vindicated and the exploitation of the people, at the hands of unscrupulous employees is put to a halt. (ii) Any other relief fit and proper in the circumstances of the case may also be kindly granted.

(2.) THAT Writ Petition No. 1226/2001 was dismissed on 30.10.2001 for non-prosecution. The petition was thereafter restored vide order dated 05.04.2003 passed in M.C.C. No. 45/2002. Thereafter, the petition was again dismissed for non-prosecution on 3.3.2006. The Petitioners did not get the earlier petition being W.P. No. 1226/2001 restored as yet within limitation period and the same attained finality.

(3.) THE Petitioners have not challenged the validity of the transfer orders dated 13.06.2001 (Annexure P/6) and 12.06.2001 (Annexure P/7). However, in the rejoinder the Petitioners have questioned the validity of the said transfer orders in the averments without seeking any relief against the said transfer orders, in the prayer clause.