LAWS(MPH)-2020-10-117

RAJKUMAR BILTHARIYA Vs. STATE OF M P

Decided On October 15, 2020
Rajkumar Bilthariya Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 25.09.2020 (Annexure P/1) whereby the petitioner has been transferred from Municipal Corporation, Sagar to Municipal Corporation, Dewas on the same post.

(2.) Learned counsel for the petitioner has submitted that the petitioner has less than one year to retire as he is going to superannuate in the month of May,2021. It is submitted that as per clause 11.8 of transfer policy dated 4th June, 2019 those employees who have less than an year for their superannuation should normally be not transferred. It is prayed that on this ground, his transfer order may be stayed.

(3.) Learned PL appearing for the State has opposed the aforesaid prayer. It is submitted that clause 11.8 is not mandatory. In case of administrative exigency,even an employee having less than one year left for his retirement can still be transferred. It is further submitted that the petitioner has not challenged his transfer order on any other ground nor has he filed any representation before the authority concerned.