UTTAMLAL MARAVI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant belongs to the cadre of Assistant Grade -II. By order dated 07.07.2003 he was transferred to the Office of the Executive Engineer at Mandla to be posted as Senior Accounts Clerk in an existing vacancy at his own request. When he reported to the office of the Executive Engineer, Mandla he found that the fourth respondent was holding the charge of the said post. As there was some difficulty in getting the charge from the fourth respondent, the appellant approached the Executive Engineer and an order dated 13.08.2003 was issued directing the fourth respondent to deliver the charge of the post of Senior Accounts Clerk to the appellant.

(2.) In the meanwhile, the District Transfer Board, in pursuance of an order passed in the month of July, 2003 made an order on 14.08.2003 shifting the appellant from the post of Senior Accounts Clerk to the post of Head Clerk in the office of the Executive Officer at Mandla, that is the same Feeling aggrieved, the appellant filed W.P.No. 1075/2003. According to him as he was posted as Senior Accounts Clerk by the Chief Executive Engineer, he could not have been shifted from that post to the post of Head Clerk by -order of the District Transfer Board and such shifting is illegal.

(3.) The learned Single Judge dismissed the petition by order dated 09.10.2003 on the ground that shifting of the appellant from one post to another in the same office and in the same cadre without denying any benefits, was a purely administrative act and did not affect any right of the appellant and, therefore, he had no cause of action. That order is challenged in this appeal.