RADHESHYAM MANDLOI Vs. STATE OF M.P.

JUDGEMENT

(1.) The core issue raised in this intra court appeal is whether the order dated 18/3/2021 (Annexure P/1) passed by the respondent No. 2 is legal and justifiable whereby the appellant who was holding the substantive post of Chief Municipal Officer, Nagar Palika Parishad, Barwaha, District Khargone is transferred to the post of Dy. Commissioner, Nagar Palika Nigam, Ratlam and in-lieu thereof respondent No. 2, a Revenue Inspector is transferred as Incharge Chief Municipal Officer, Nagar Palika Parishad, Barwaha.

(2.) The appellant filed WP No. 7114/2021 to assail the said transfer order dated 18/3/2021. The transfer order was assailed on various grounds which are reproduced by learned Single Judge in para two of the impugned order dated 24/3/2021.

(3.) Shri A.K. Sethi, learned Sr. Counsel for appellant submits that although the writ court in its order mentioned the main ground of challenge i.e. the appellant a substantive CMO could not have been substituted by Revenue Sub Inspector, did not specifically decided this point. By taking this Court to the Recruitment Rules namely M.P. State Municipal Service (Executive) Rules, 1973 (for short 'Recruitment Rules') it is urged that the appellant is entitled to occupy the post of CMO Class A. The private respondent is a revenue Inspector who is not even holding the feeder post for the purpose of promotion on the said post of CMO. As per said Rules, the posts of CMOs are available in three categories. The private respondent is working in a Class C Municipal Council whereas appellant is entitled to occupy the post of CMO in Class A Municipality. The private respondent is required to travel a long upward distance in the ladder of promotion to occupy the substantive post of CMO Class A. He has to travel from Class C Municipality to Class B and then to Class A Municipality. On the strength of this factual backdrop, the learned Sr. Counsel for appellant submits that transfer order is bad in law. More so, when the appellant is victim of frequent transfer. By order dated 23/9/2020 he was transferred from Dhar to Barwaha and joined at Barwaha only on 25/9/2020. Within a short span of time of six months, the appellant is again subjected to transfer by stating it to be on 'administrative exigency'.