MUMSAR RAJA Vs. STATE OF M.P.

JUDGEMENT

(1.) Assailing the order dtd. 7/12/2023 passed by the learned Single Judge in dismissing Writ Petition No.22559 of 2023, the writ petitioner is in appeal.

(2.) It is the case of the petitioner that he is a contractual employee posted at District Project Manager in M.P. Deendayal Antyodaya Yojna, State Rural Livelihood Mission in District Raisen and he has been transferred from District Raisen to District Damoh on the same post. The petitioner has challenged the order only on the ground that a contractual employee cannot be transferred even on the ground of administrative exigency and only in special circumstances, he may be transferred whereas in the impugned order passed by the respondents does not reflect any special circumstances, which led them to transfer a contractual employee.

(3.) Challenge made to the impugned order is on the ground that the transfer of a contractual employee can be made subject to establishment of 'special circumstance' and not otherwise as per the transfer policy of the State Government. It is argued that in terms of Clause 9.1 of the policy dtd. 24/2/2020, the contractual employees engaged for a specific work and purpose cannot be transferred to another place. Their services cannot be transferred until and unless there are administrative exigencies and special circumstances. No specific reasons have been mentioned in the impugned transfer order. It is submitted that the learned Single Judge has failed to consider that the transfer of the petitioner is in violation of Clause 9.1 of the policy dtd. 24/2/2020. Hence, this appeal.