VIRENDRA KUMAR MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) This Intra Court Appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 25-07-2012 passed in Writ Petition No. 11281/2012 whereby the learned Single Judge has declined to interfere with the transfer of the petitioner from Gram Panchayat Barhula to Gram Panchayat Kuthila.

(2.) Writ petition was directed against the order dated 13-07-2012 whereby the petitioner/appellant, a Panchayat Karmi/Secretary of Gram Panchayat, Barhula has been transferred to Gram Panchayat Kuthila.

(3.) We are also commended to Rule 27 of the M. P. Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999 to bring home the submission that unless mutually agreed upon by the receiving Gram Panchayat the petitioner ought not to have been transferred to another Gram Panchayat. We are not impressed by this submission put forth by the learned counsel for the appellant/petitioner for the simple reason that Rule 27 is an enabling provision which empowers the appointing authority on application made by any employee of Panchayat Service of other Panchayat to appoint such employee to a same or equivalent post in the Panchayat service on such terms and conditions as may be mutually agreed upon between the two panchayats and subject to the condition that such appointment shall not be made to post to be filled by promotion and the person so appointed shall receive the junior most rank, for the purpose of seniority, in the cadre of the post to which he is appointed, as it stands on the date of such appointment.