HARSH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India has been filed against the order dated 20/09/2019 (Annexure P1) passed by respondent No.3, by which the petitioner has been directed to work in the Office of Chief Executive Officer, Janpad Panchayat Chachoda, District Guna for the better implementation of social schemes floated by Department of Social Justice and Disabled Welfare.

(2.) Challenging the impugned order passed by respondent No.3, it is submitted by the Counsel for the petitioner that by circular dated 23/06/2009 (Annexure P3), the Chief Secretary had directed that since Department of Social Justice has been assigned the work of implementation of various schemes as well as new Schemes like Mukhyamantri Kanyadan Yojana, Janshree Bima Yojana, Aam Admi Bima Yojana and Mukhyamantri Majdoor Suraksha Yojana, therefore, the employees working in the said Departments, should not be deployed in another Department, so that the implementation of these schemes may not be hampered. Thereafter, on 12/02/2015 (Annexure P/2), the Joint Director, Social Justice and Disabled Welfare Department, Madhya Pradesh had also issued a circular that the employees of the Department should not be deployed/attached with any other Department because the difficulty is being faced for implementation of the schemes. It is submitted that in spite of above-mentioned two circulars, the respondent No.3 has attached the petitioner to the Office of Chief Executive Officer, Janpad Panchayat Chachoda, District Guna for implementation of the schemes floated by Department of Social Justice and Disabled Welfare and, thus, the impugned order is bad and liable to be quashed.

(3.) Per contra, it is submitted by the Counsel for the State that circulars dated 23/06/2019 (Annexure P3) and 12/02/2015 (Annexure P2) were passed in order to ensure the effective implementation of the schemes floated by Department of Social Justice and Disabled Welfare. By the impugned order dated 20/09/2019 (Annexure P1), it has been specifically mentioned that for implementation of the welfare schemes floated by Department of Social Justice and Disabled Welfare, the petitioner has been directed to work in the Office of Chief Executive Officer, Janpad Panchayat Chachoda, District Guna. Since the basic intention behind the circulars dated 12/02/2015 and 23/06/2009 is to ensure the effective implementation of the schemes floated by Department of Social Justice and Disabled Welfare, therefore, this order is in conformity with the earlier orders/ circulars.