P K JAIN Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGING the order dated 11.8.2008 Annexure P -5 transferring the petitioner and posting him as an Accounts Officer in Zila Panchayat, Datia, petitioner has filed petition. Petitioner claims to be an employee of the Finance Department having joined as an Assistant Internal Audit Officer on 1.12.1978 at Gwalior. He was posted as Assistant Director w.e.f. 10th March, 1991 and was posted in various capacities as Assistant Director, Treasury Officer, Accounts Officer, etc. It is stated that he was posted in various places like Bhind, Bhopal, Tikamgarh, Damoh, Shajapur, etc. He complied with all these orders and finally he was sent with his consent on deputation to the District Rural Development Authority Service at Damoh. However, he was repatriated back and was posted as Treasury Officer, Chhatarpur w.e.f. 28.7.2005. However, the State Government vide order dated 20.9.2006 transferred him on the post of Accounts Officer in Pradhan Mantri Gramin Sadak Vikas Authority, Chhatarpur. This was on deputation and was done vide order Annexure P -1. Petitioner challenged this order in Writ Petition No. 1 3935/2006(s) on the ground that his transfer on deputation without his consent is illegal. Considering the same vide Annexure P -2 dated 17.10.2006 this Court stayed the order Annexure P.1. While the said position was existing, it is case of the petitioner that another order Annexure P -3 was passed on 10.7.2007 posting the petitioner as Accounts Officer in the Human Rights Commission, Bhopal, this was also on deputation without his consent. Petitioner filed another writ petition being Writ Petition No.9718/2007(s), notices were issued and the matter was pending, when the impugned order Annexure P -5 was passed on 11.8.2008 transferring the petitioner on the post of Accounts Officer, Zila Panchayat, Datia. It is pointed out that on 1.8.2008 vide Annexure P -4 Writ Petition No.9718/2007(s) was allowed and the posting of the Human Rights Commissioner, Bhopal was quashed. It is the case of the petitioner that his posting now by the impugned order Annexure P -5 on 11.8.2008, on the post of Accounts Officer, Zila Panchayat is on deputation and same cannot be made without his consent.

(2.) RESPONDENTS have filed a return and from the return filed by the State Government, it is seen that it is their case that petitioner is holding a cadre post in the Finance Department and such persons are entitled to be posted in Zila Panchayat as it is in the same cadre. By filing a Notification Annexure R -1 dated 29.1.2008 showing amendments to the M.P. Accounts Services (Recruitment and Conditions) Rules, 1965 (hereinafter referred to as "Rules of 1965") State Government has tried to emphasize that the post in the cadre of Assistant Director, junior pay scale, Rs.8000 -275 -13500/ has been crated and all the posts appearing against the aforesaid cadre in the notification constitute a common cadre and at Item No.45 post of Accounts Officer, Zila Panchayat is indicated. It is tried to be emphasized by the State Government that all the posts indicated in the notification under the heading "Assistant Director" carrying the pay -scale of Rs.8000 -275 -13500/ - constitute a common cadre post and posting of the petitioner to the Zila Panchayat being in the same cadre it is stated that there is no merit in the contention of the petitioner.

(3.) SHRI Udyan Tiwari, learned counsel for the petitioner by placing reliance on the judgment of Supreme Court in the case of Umapati Choudhry v. State of Bihar and another [(1999)4 SCC 659], submitted that the petitioner's transfer to the Zila Panchayat is on deputation and also invites attention of this Court to the M.P. Panchayat Services (Recruitment and General Conditions of Service) Rules, 1999 (hereinafter referred to as "Rule of 1999") to point out that under the said rule method of recruitment is indicated in rule 7 and the number of persons to be recruited and the posts created under rule 7(2) are indicated in Schedule 1 and 2, referring to Schedule 2 and the posts created in the Zila Panchayat, Shri Udyan Tiwari points out that the cadre of Accounts Officer in Zila Panchayat is to be filled up 100% of promotion of members of Panchayat services appointed under this Rules and till the cadre in this service is developed officers from the finance department or the Accountant General are posted on deputation as Accounts Officer in Zila Panchayat as is evident from the provision contemplated in the column 5 to the said Schedule. Accordingly, on the aforesaid ground Shri Tiwari seeks for interference into the matter.