GAMBHIR SINGH BHADORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this writ application, the petitioner seeks issuance of an appropriate writ, order or direction declaring that the respondents' act was illegal act exhibiting gross highhandedness in passing the order dated 22nd March 2011 (Annexure A -1). Following reliefs have been made by the petitioner in para 7 of the petition: -

(2.) IT is admitted that the petitioner was initially appointed as work charged contingency employee from 1993. His services were regularised as Time Keeper from 10th November 1997. At the relevant time, the petitioner was working in the Circuit House at Gandhi Road Gwalior, under supervision of the Executive Engineer Gwalior. It is also admitted that the petitioner was transferred, by an order dated 27th December 2008, from Circuit House Gandhi Road, Gwalior to Sub Division Moti Mahal Gwalior. The petitioner, however, in compliance with the aforesaid transfer order did not resume the charge on the transferred place. Hence, by marking his absence on the transferred place, his salary for the period of absence was withheld. In the meantime, by an order dated 11th February 2010 he was again transferred from Circuit House Gandhi Road to VIP Circuit House at Morar. It is relevant to mention here that prior to subsequent order of transfer dated 11th February 2010, his earlier transfer transfer order dated 27th December, 2008 was neither stayed nor cancelled.

(3.) ON the other hand, the submission put forth on behalf of learned counsel for the petitioner is that the transfer order dated 27th December 2008 was never delivered to him nor he was relieved from the earlier charge of the post from Circuit House Gandhi Road Gwalior. Consequently, he continuously worked at the place of previous posting at Circuit House Gandhi Road Gwalior. He denied that he ever became absent from the place of his posting at Circuit House Sub Division Gwalior. Accordingly, it is prayed that the order (Annexure -P/1) passed against him may be quashed and the salary from December 2008 till date may be directed to be paid.