VIJAY KUMAR DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India assails the order of transfer dated 08.12.2016 contained in Annexure P/1 whereby petitioner, an Assistant Grade III, has been transferred from Gwalior Development Authority (for brevity "GDA") to Bhopal Development Authority (for brevity "BDA") by the State Government.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) The contention of the learned counsel for the petitioner is that transfer of petitioner from one statutory body i.e. GDA to another statutory body BDA amounts to change of employer and such transfer is impermissible without the consent of the petitioner. The provision under Section 76-B of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (for brevity "1973 Adhiniyam") is pressed into service.