DEVENDRA KUMAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The order in this case shall decide the preliminary objection raised, in common, in other following connected petitions also. <FRM>JUDGEMENT_28_LAWS(MPH)12_1991.html</FRM>

(2.) All the petitioners in the above cases are employees in Municipal Corporations and have challenged in this Court the orders of their transfer from the Municipal Corporation in which they are working to the other Municipal Corporation in the State.

(3.) During the course of hearing of the petitions jointly Shri N.C. Jain, learned Advocate General appearing for the State, raised a preliminary objection that the petitioners are holders of 'civil posts under the State' and the exclusive jurisdiction with record to their service matters vests with the State Administrative Tribunal in accordance with the provisions of Sec. 15(b) of the Administrative Tribunals Act, 1985. Reliance has been placed on a decision of the Supreme Court in the case of State of Gujarat and another Vs. Raman Lal Keshav Lal Soni and others, 1983(1) SLR 581 (SC) . Learned counsel appearing for the State while pressing the preliminary objection raised by him took the Court through the various provisions of the M.P. Municipal Corporation Act and the provisions of the Administrative Tribunals Act. The contention in short in that State exercises effective control on the working, finance and employees of the Corporation and, therefore, the Corporation employees are holders of civil posts under the State. It is pointed out that two basic tests make the municipal employees holders of civil post under the State under Sec. 58(1) and (2) of the Municipal Corporation Act certain employees can be appointed only with the approval of the State Public Service Commission. Under Sec. 58(5) of the Corporation Act, which is the subject-matter of challenge and interpretation in these batch of petitions, State Government has been conferred with power of transfer on deputation employees of the Corporation from one Corporation to another. It is submitted that the rule making power with relation to conditions of service of Corporation employees is also with the State Government. These provisions make the Corporation employees holders of civil posts under the State.