O.P. SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By the instant petition, the petitioners have questioned the legality, validity and propriety of the orders impugned dated 29.08.2019 (Annexure-P-9) and 30.08.2019 (Annexure-P-10), whereby the petitioners have been transferred from one place to another and consequently they have been relieved.

(2.) The sole contention of the challenge has been made by the petitioners that they being the contract employees cannot be subjected to transfer until and unless the term and condition specifically provides so. In support of their contention, they relied upon Full Bench decision of this Court passed in case of Ashok Tiwari vs. M.P. Text Book Corporation and another reported in [2010 (2) M.P.L.J. 662],

(3.) As per the facts of the case, the petitioners were appointed on contract basis by the respondents and contracts were executed in the year 1996. Those are available on record. There is no enabling provision available in the said contract empowering the respondents to transfer the petitioners from one unit to another. As per the petitioners, some of the similarly situated employees have been regularized after completing two years, whereas the services of the petitioners have not been regularized and they have given step motherly treatment.