N.L.UNTWALIA, O.CHHINNAPPA REDDY
State Of M. P. – Appellant
Versus
Shankar Lal – Respondent
JUDGMENT
UNTWALIA, J. :—These three appeals by special leave are from the common judgment of the Madhya Pradesh High Court allowing the Writ Petitions filed by the six respondents and quashing the orders of their transfer made by the State Government in exercise of their power under S. 94 (7) of the Madhya Pradesh Municipalities Act, 1961, hereinafter called the Act. The respondents were employees of the Municipal Council, Sagar. They were employed as Lecturers and Teachers in the various Municipal Higher Secondary Schools run and managed by the said Municipal Council. There orders were issued by the State Government on various dates in June, 1968 transferring certain lecturers and teachers serving under a particular Municipal Council to the Schools run and managed by another Municipal Council. The six respondents were transferred by the said orders to various places. They challenged the order of transfer in the High Court on the ground that the State Government had no power to transfer them under S. 94 (7) of the Act. The High Court had accepted their contention and hence these appeals.
2. We shall quote the relevant provisions of S. 94 of the Act as they stood at the relevant time
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