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SUSHRUT ARVIND DHARMADHIKARI, ANURADHA SHUKLA
State of M. P. – Appellant
Versus
Kunwarlal Chowkikar – Respondent
ORDER
Per Justice Sushrut Arvind Dharmadhikari :
Heard finally with the consent of both the parties.
1. This appeal under section 2(1) of the Madhya Pradesh Uchha Nyayalay (Khandpeeth Ko Appeal) Adhiniyam, 2005 has been filed assailing the order dated 26.9.2023 passed in W.P. No. 6688/2021, whereby the writ petition filed by the respondent herein was allowed and learned Single Judge quashed the impugned order dated 23.11.2016 passed by the Commissioner, Public Instructions, Bhopal (Annexure A/5) directing the appellants herein to regularize the period of service of respondent w.e.f. 1.9.2005 to 30.11.2006 and to pay the arrears of salary within a period of 90 days from the date of receipt of certified copy of the order.
2. Brief facts of the case are that the respondent is a retired Headmaster having completed entire service tenure of 37 years and 3 months. On the basis of complaint, the respondent was transferred to Government Higher Secondary School, Khedicourt but he did not join at the transferred place of posting. The respondent challenged the said transfer order before this court by way of writ petition No. 6580/2006. Said writ petition came to be decided by directing the appel
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
An employee's unauthorized absence from duty, despite a challenged transfer order, does not entitle them to pay and allowances.
Cancellation of transfer after relieving but before joining does not entitle salary for intervening period if employee fails to report to new posting; treated as unauthorized absence and 'dies non' u....
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
In cases of wrongful/illegal termination or transfer, the employee is entitled to reinstatement with continuity of service and backwages. The 'no work no pay' principle does not apply in cases of ill....
An employee prevented from working without fault retains entitlement to salary; principles of 'No Work No Pay' do not apply.
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