RABIKANT TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Satya Prakash Mishra, Shri Vikas Mahawar, Shri Sandeep Singh Baghel and Ms. Sonali Paroche, Advocates for the petitioners. Shri Ajay Pratap Singh, Deputy Advocate General with Shri Piyush Dharmadhikari, Government Advocate for the respondent-State. Heard finally with consent. This order will govern the disposal of W.P. No.15911/2020, W.P. No.7416/2020, W.P. No.7444/2020, W.P. No.10301/202, W.P. No.10318/2020, W.P. No.10633/ 2020, W.P. No.10714/2020, W.P. No.16040/2020, W.P. No.16433/2020, W.P. No.17415/2020, as it is jointly submitted by the learned counsel for the parties that all these petitions involve common question.

(2.) For convenience, facts have been taken from WP No.15911/2020. By this petition, the petitioner has challenged the transfer order dated 07.03.2020 whereby the petitioner who is working as Contract Mobiliser (Samooh Prerak) has been transferred from Block Deosar, Singrauli to Block Khilchipur, District Rajgarh. The petitioner is also aggrieved with the order dated 21.09.2020 whereby the petitioner's representation against the impugned order of transfer has been rejected.

(3.) Learned counsel appearing for the petitioner submits that the petitioner is a contract employee and in terms of Clause 9.1 of the policy dated 24.02.2020, he cannot be transferred. He further submits that the petitioner's services are non-transferable and in support of his submission he placed reliance upon the judgment of this Court in the case of Ashok Tiwari vs. M.P. Text Book Corporation and another , 2010 2 MPLJ 662 and in the case of Smt. Vandana Dandotiya vs. State of M.P. and others,2013 SCCOnLineMP 5090. He has further submitted that in identical petition WP No.16811/2020 (Purshottam Suryavanshi vs. State of MP and others), interim order has been passed on 01.12.2020.