VIRENDRA SHRIVASTAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This Writ Appeal preferred under Sec. 2 of the Madhya Pradesh Uchch Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 arises out of the order dt. 08.09.2021 passed by the learned Single Judge in W.P. No. 17519/2021, whereby the Writ Petition challenging the transfer order of the appellant dt. 31.08.2021, has been dismissed.

(2.) Learned counsel for the appellant submits that the appellant, who is working on the post of Assistant Grade III, has been transferred from Tahsil Office Chanderi to Tahsil Office Nai Saria within district of Ashok Nagar vide order dt. 31.08.2021. Said order was challenged by the appellant in W.P. No. 17519/2021 on the ground of frequent transfer. It is submitted that since the last two years, the appellant has been transferred four times including the present transfer. Learned counsel for the appellant relied on the policy dt. 24/06/2021, in which it is provided that every employee deserves a tenure of three years on a particular place of posting. It is further pointed out that the appellant is Chanderi Block President of M.P. Rajya Karmachari Sangh and as per the policy the member of the Society normally should not be transferred for four years, which violates Clause 33 of the Transfer policy. Learned counsel further relied on the judgment of the Apex Court in the case of T.S.R. Subramanian and others Vs. Union of India and others reported in (2013) 15 SCC 732, in which it has been held has under:-

(3.) In response, learned Panel Lawyer appearing for the respondent/State submits that no interference with the order of transfer as well as the order passed by the learned Single Judge is warranted. The transfer policy is only in the nature of guidelines having no statutory force. Learned Single Judge has rightly dismissed the writ petition. On such ground, prayer for dismissal of the Writ Appeal has been made.