GANESH VISHWAKARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner while discharging duties as Mining Inspector at Dewas vide transfer order dated 29/09/2018 (Annexure P-1) has been subjected to the impugned transfer from Dewas to Sheopur vide order dated 05/07/2019. This Court on 22/08/2019 has stayed the operation of the said transfer order with direction to permit the petitioner to work at Dewas. Presently, petitioner is working at Dewas.

(2.) Ms. Patne, learned counsel for the petitioner while taking exception to the impugned transfer order inter alia contends as under;

(3.) Per contra, Shri Ranka, learned counsel for the respondent-State inter alia contends that the impugned transfer order is in administrative exigency and in public interest. Petitioner in public employment in fact incurs the liability of transfer to serve the respondent-State wherever his services are required. Transfer is an incidence of service and not a condition of the service. Even if respondent No.3 was transferred on 05/07/2019 to Sheopur but retained at Dewas cancelling his transfer order, shall not give rise to the complaint of discrimination as claimed.