OMPRAKASH SHARMA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CALLING in question tenability of an order dated 18.06.14 passed by the Writ Court in W. P. No. 5406/06, appellant has filed this writ appeal. By the said writ petition, certain orders passed by the State Govt. refusing permission to the petitioner to withdraw a consent given for his transfer to the State of C.G. has been rejected.

(2.) PETITIONER was appointed in the Water Resources Department as a Sub Engineer on 13.12.83. When the new State of C.G. was formulated in the year 2000 and when the Madhya Pradesh Reorganization Act came into force, petitioner was posted in the Water Resources Department in District Janjgir now in the State of C.G. After bifurcation of the State of M.P. into the State of C.G. respectively, petitioner was allocated to the State of M.P. and vide order dated 16.10.02, he was posted in the office of Executive Engineer, Light Machinery, Tubewell and Gate Sub -Division Umaria. In April 2003, petitioner sought transfer to the State of C.G. on mutual basis with one Shri Sandeep Agrawal who was Sub Engineer posted in the State of C.G. No objection was called for from both the States and it is said that petitioner's offer was accepted. Petitioner was transferred to the State of C.G. and Shri Sandeep Agrawal was transferred to the State of M.P.

(3.) SHRI Sandeep Agrawal reported for duty and is working in the State of M.P. The petitioner came out with a case that after submitting an option in the year 2003, he has already withdrawn his option on 24.01.06 vide Annexure P -7 and as without 2 considering the withdrawal of the option on 24.01.06, he is being transferred to the State of C.G. vide order dated 24.02.06, therefore, he challenged the same by filing the writ petition and after its dismissal, this writ appeal.