Back
RAVI MALIMATH, VISHAL MISHRA
Mumsar Raja – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Assailing the order dated 7.12.2023 passed by the learned Single Judge in dismissing Writ Petition No.22559 of 2023, the writ petitioner is in appeal.
2. It is the case of the petitioner that he is a contractual employee posted at District Project Manager in M.P. Deendayal Antyodaya Yojna, State Rural Livelihood Mission in District Raisen and he has been transferred from District Raisen to District Damoh on the same post. The petitioner has challenged the order only on the ground that a contractual employee cannot be transferred even on the ground of administrative exigency and only in special circumstances, he may be transferred whereas in the impugned order passed by the respondents does not reflect any special circumstances, which led them to transfer a contractual employee.
3. Challenge made to the impugned order is on the ground that the transfer of a contractual employee can be made subject to establishment of ‘special circumstance’ and not otherwise as per the transfer policy of the State Government. It is argued that in terms of Clause 9.1 of the policy dated 24.2.2020, the contractual employees engaged for a specific work and purpose cannot be transferred to anothe
The transfer of contract employees is permissible under certain conditions as provided in the terms of the contract and relevant policies.
The main legal point established is that the terms of the contract and the policy permit the transfer of contract employees based on administrative exigencies, and the employer has the right to trans....
Contractual employees are protected from transfers under Rule 16(ii) of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, ensuring their stability and addressing financial hardships.
The employer's discretion in transferring a contractual employee must be exercised judiciously and cannot be arbitrary; the court can intervene if proven tainted with malice.
The main legal point established in the judgment is that transfer is an incident of service, and a public servant has no vested right to seek transfer to a location of his choice. The courts should n....
Contractual employees can be subject to transfer if explicitly stated in their employment contract, limiting rights akin to permanent employees.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
