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Judgment
Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging impugned orders dated 15.6.2026, 16.6.2026 and 16.6.2026 filed as Annexures P/1, P/2 and P/3 respectively.
Counsel appearing for the petitioner submitted that by impugned order dated 15.6.2026 petitioner was transferred from Urban Administration & Development Department, Shahdol to Municipal Corporation Morena. On 16.6.2026, another amended transfer order was issued by which mistake in order was corrected and it was mentioned that petitioner is Incharge Executive Engineer, who is posted at Municipal Council, Shahdol. By another order dated 16.6.2026, petitioner was relieved. He submitted that petitioner has not given his consent for deputation to a different Municipality. Transfer order is order on deputation. Department of petitioner is changed, therefore, consent of petitioner is required. On basis of aforesaid submissions, counsel for the petitioner made a prayer for quashing of the impugned orders.
Learned Additional Advocate General appearing for the State submitted that petitioner has been transferred and relieved from Municipal Corporation, Shahdol to Municipal Corporation Morena. Petitioner was holding charge of Executive Engineer. It is submitted that petitioner is working in Engineering Cadre and is governed by M.P. State Urban Engineering Services (Recruitment and Condition of Service) Rules, 2015. It is submitted that in case Arun Kumar Mehta Vs. State of M.P. and others , Hon'ble Court declined to interfere and observed no consent is required in transfer of deputation. Petitioner is Engineer in services of State Government on deputation. Petitioner is not a Municipal employee, therefore, consent of petitioner is not required as per Rules of 2015.
Heard learned counsel for the parties.
Counsel appearing for petitioner submitted that petitioner is in Municipal service, therefore, he cannot be transferred from one Municipal service to another. Counsel has also argued that if his deputation has come to an end, then he has to be sent back to State service. Second argument of counsel for petitioner destroyed by his first argument that he is in Municipal services. Petitioner is in State Cadre service of Urban Engineering Service governed under M.P. State Urban Engineering Service (Recruitment and Condition of Service), Rules 2015 and as per Section 58 of Municipal Corporation Act, 1956 services of Municipal Corporation employee can be transferred to another Municipal Corporation on deputation by State Government, for which consent of Municipal Corporation or employee is not required as provided under Section 58 (3) and 58 (5) of M.P. Municipal Corporation Act, 1956, which are reproduced as under :-
(3)The State Government may depute to any post under the corporation carrying maximum scale of pay as the State Government may, from time to time, by an order in writing specify such servants of the State Government as it may consider necessary.
(5)Notwithstanding anything contained in this Act or any rules or bye-laws made there under, the State Government may, subject to the conditions specified in sub-section (6) transfer on deputation (any officer or servant of a Municipal Corporation) to any other Municipal Corporation and it shall not be necessary for the State Government to consult either the Corporation or the Officer or Servant concerned before passing an order of transfer on deputation under this sub-section.
In view of same, no interference is called for.
Writ Petition is dismissed. If petitioner has filed any representation, then same shall be considered by respondents and orders be passed on it within 30 days.