YOGENDRA SINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 28/7/2021 (Annexure P/1), whereby, he has been transferred from Government Middle School, Arniyaram, Ashta, District Sehore to Government Middle School, Ganihari, District Raisen.

(2.) The petitioner submits that he is a Middle School Teacher in the subject of Social Science in Government Middle School, Arniyaram, Ashta, District Sehore. According to him, the post in question is a district cadre post and therefore, the seniority is maintained at a district level. By the impugned order, the petitioner has been transferred from District Sehore to District Raisen and the condition No.4 of the transfer order says that the petitioner will get seniority only from the date of joining at a transferred place, meaning thereby, the petitioner would lose his seniority from the date of his appointment till the date of joining on the transferred place.

(3.) Learned counsel for the petitioner submits that such recourse is not permissible and he places reliance on the Division Bench decision of this Court in case of Dhaniram Ahirwar and Another Vs. High Court of Madhya Pradesh and another 1995) 0 MPLJ 545. According to him, this Court has clearly held that the transfer of an employee should not affect his seniority. He further submits that taking into consideration the aforesaid aspects, vide order dtd. 24/8/2021, this Court was pleased to stay the operation of the said order and issued notice to the respondents.