VISHAL SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the transfer order dated 10.9.2014, whereby the petitioner, a Deputy Commissioner (Development) is transferred as Chief Executive Officer (CEO), Seoni.

(2.) Shri Pratip Visoriya, learned counsel for the petitioner challenged this order on the singular ground that the petitioner was earlier working as Chief Executive Officer, Janpad Panchayat (9300- 34800+Grade Pay 4200). The petitioner was promoted from the post of CEO to Dy. Commissioner (Development) by order dated 30.12.2013. He also referred the statutory recruitment rules, namely Madhya Pradesh Panchayat Tatha Gramin Vikas (Rajpatrit) Bharti Niyam, 1988 (for short, the "Recruitment Rules") to contend that the post of Dy. Commissioner (Development) is class-I post whereas the post of Additional Assistant Development Commissioner/Chief Executive Officer, Janpad Panchayat is a feeder post. Schedule- I of the said rules was referred to show that the said feeder post is a class-II gazetted post. He submits that petitioner's transfer to a feeder post amounts to downgrading of the status. The petitioner is entitled to continue on the statutory post on which he was promoted. He submits that the statutory rules cannot be modified by putting a note in the transfer order. He relied on (Vice-Chancellor, Lalit Narain Mithila University vs. Dayanand Jha, 1986 3 SCC 7).

(3.) Smt. Nidhi Patankar, learned Government Advocate, supported the order. By taking assistance from Note-2, appended to the transfer order, it is contended that the post of CEO, Janpad Panchayat is upgraded to the level of Deputy Commissioner (Development). Accordingly, the petitioner will get same salary. Therefore, the petitioner has no valid grievance and petition is liable to be dismissed.