ARUN KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction under Article 226 of the Constitution of India, being aggrieved by the transfer order dated 02-08- 2017, whereby he has been transferred from Samarra Janpad Panchayat, Tikamgarh to Urdora Janpad Panchayat, Niwadi. The aforesaid transfer order has been challenged mainly on the ground that the petitioner is a contractual employee working under the Mahatma Gandhi Rashtriya Gramin Rojgar Scheme. It is submitted that as per the instructions issued by the respondents dated 14-07-2017 directing that the contractual employees whose service tenure of contract service is between 3 to 5 years be posted within Panchayat and the employees whose service tenure of contract is 5 years or more than 5 years, they may be posted in Janpad Panchayat but within the district.

(2.) Learned counsel for the petitioner placed reliance on the judgment passed by the Full Bench in the case of Ashok Tiwari Vs. M.P. Text Book Corporation and another, 2010(2) M.P.L.J. 662 wherein it has been held that a daily rated employee, who is not appointed to a post and whose services are not governed by any service rules, cannot be transferred from one place to another , as he does not hold a transferable service. The petitioner is not a daily rated employee but is a contractual employee, therefore, the said judgment would not apply to the present case. Learned counsel for the respondents submitted that now there is an amendment in the policy and contractual employees can be transferred.

(3.) However, the respondents have failed to produce any policy in this regard permitting transfer of a contract employee from one place to another.