VANDANA DANDOTIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is second visit of the petitioner to this Court. Earlier, she filed writ petition No. 7251/2012 against the impugned transfer order. This Court disposed of the said writ petition with the direction to the respondents to decide the representation. In turn, the representation is decided by order dated 29.11.2012 (Annexure P-1), which is challenged in the present petition.

(2.) THE singular ground of attack against the transfer and rejection order is that as per the conditions of appointment, the petitioner can be transferred and posted on contract basis in the same district wherein she is appointed. Annexure P-6 dated 4.1.2008 is relied upon for this purpose.

(3.) IN the considered opinion of this Court, the transfer order can be interfered with if it violates any statutory provision, proved to be malafide, changes service conditions of an employee to her detriment or passed by an incompetent authority. The service conditions of a contractual employee are governed by the terms of contract. In other words, for civil post holders, the department has framed statutory recruitment and promotion rules. No such rule is shown which governs the service conditions of petitioner, a contractual employee. Her service conditions are accordingly governed by the terms of contract, Annexure P-6. Clause (1) of the conditions of employment reads as under:-