JAMUNA PRASAD PANDORIA Vs. DIRECTOR NAGAR PRASHASHAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioner is challenging his transfer order dated 31-7-1989 (Annexure A-1) from Gotegaon Municipality to Kaymore Municipality as a Lower Division Clerk, (in short, the "l. D. C"), and makes a prayer for allowing him to work as L. D. C. in Gotegaon Municipality.

(2.) THE petitioner was appointed as an L. D. C. in Municipal Council, Gotegoan by order dated 19-8-1968 (Annexure A-2) in the time scale of Rs. 80-160 plus Rs. 35/- as dearness allowance and ever since the date of his appointment, he has been working there as an L. D. C. By the impugned order he was transferred to Municipal Council, Kaymore in the same capacity. The petitioner contends that the post of L. D. C. is not transferable and, therefore, the impugned order is bad. The respondent No. 2 has filed his return and has tried to justify the order of transfer by referring to Section 94 (7) of the M. P. Municipalities Act, 1961, (in short, the "act" ).

(3.) HAVING heard the learned counsel for the parties, we are of the view that looking to the post held by the petitioner, the transfer order cannot be justified Under Section 94 (7) of the Act, which reads as follows :