VIJAY KUMAR VAIDH Vs. STATE OF M.P.

JUDGEMENT

(1.) In both these writ petitions preferred under Article 226 of the Constitution of India, challenge is to the orders of transfer. In W.P. No.4357/2018, the petitioner has challenged his transfer orders dated 12.2.2018 (Annexure P-1) and 18.9.2018 (Annexuer P-24) whereas in W.P. No.10676/2020, the petitioner has questioned the legality of the transfer order dated 23.7.2020 (Annexure P-1).

(2.) As common questions of fact and law are involved in both these petitions, they are taken up for hearing together and are decided by this common order. However, for the sake of convenience, the facts necessary for the just decision of the case, are extracted from W.P. No.10676/2020.

(3.) The petitioner was appointed as Patwari in the year 1993 and was posted in Patwari Halka No.115, Tehsil Sagar. The petitioner's request dated 27.4.2015 (Annexure P-2) for his transfer to District Sagar on the ground of illness of his mother being aged 80 years was accepted on 30.5.2015 vide Annexure P-3 and he was posted from Rahatgarh to District Sagar. In pursuance to an order dated 13.1.2016 issued by the Sub Divisional officer (Revenue) Sagar, the petitioner was posted at Patwari Halka No.19/74 village Bhapel in Revenue Inspection Division, Naryavali, Tahsil Sagar. Thereafter, the Sub Divisional Officer vide order dated 12.2.2018 (Annexure P-6) transferred the petitioner from 19-Bhapel to 142-Semragopalman on the ground of receipt of certain complaints against him. The validity of the said order dated 12.2.2018 (Annexure P-6) has been questioned in W.P. No.4357/2018. By way of an interim order dated 23.2.2018 (Annexure P-7) the said order of transfer was stayed and the petitioner was allowed to work at his present place of posting. Thereafter, the respondents again passed an order dated 18.9.2018 (Annexure P-24 in W.P. No.4357/2018) whereby the petitioner was posted at Patwari Halka No.119, Hinotkala, Rajaswa Nirikshak Mandal, Surkhi. The petitioner by filing an application for amendment in W.P. No.4357/2018 challenged the subsequent transfer order dated 18.9.2018, which was also stayed by this Court vide order dated 5.10.2018. It is asserted that even after interim protection granted by this Court, the respondents vide order dated 5.7.2019 again transferred him from Sagar to Banda and also relieved him vide order dated 17.7.2019 to join at the transferred place. The petitioner challenged these orders dated 5.7.2019 and 17.7.2019 by filing a separate writ petition forming subject matter of W.P. No.14534/2019, which was disposed of with the direction that till the representation of the petitioner is decided, he shall be allowed to work at his present place of posting. Thereafter, the Sub Divisional Officer by order dated 3.8.2019 (Annexure P-10) considered his representation and recalled the relieving order dated 17.7.2019. Now vide impugned order dated 23.7.2020 (Annexure P-1) again the petitioner's services have been transferred to Halka No.103 village Bhainsvahi.