RAGHVENDRA TAKSALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed, challenging the order dated 05/07/2019 (Annexure P1) passed by respondent No. 2, by which the petitioner, who is working on the post of Patwari, has been transferred from Patwari Halka Bagwaj, Tehsil Sheopur to Tahsil Vijaypur.

(2.) It is submitted by the counsel for the petitioner that earlier, by order dated 16/07/2017 (Annexure P/3), the petitioner was transferred from Baroda to Sheopur. Now, within a period of two years, he has been transferred from Patwari Halka Bagwaj, Tehsil Sheopur to Tahsil Vijaypur. It is further submitted that the petitioner had made a representation with a request that in case, if his transfer order cannot be cancelled, then it may be amended and the petitioner may be posted in Tahsil Baroda. However, the said representation has been rejected by order dated 23rd July, 2019, by holding that there is no vacant post of Patwari in Tahsil Baroda, however, on the same day, three persons were posted in Tahsil Baroda. It is clear that posts of Patwaris were vacant in Tahsil Baroda. Therefore, it is clear that in spite of vacancy in Tahsil Baroda, the representation of the petitioner has been wrongly rejected. It is further submitted by the counsel for the petitioner that since the petitioner is the Block President of Madhya Pradesh Rajya Karmachari Sangh, Sheopur, therefore, he is exempted from transfer.

(3.) Heard the learned counsel for the petitioner.