Bharti Gupta vs State Of M.P. And Others

Counsel for the petitioner has brought on record certain document being an agreement executed between the employer and the petitioner dated 28.3.2019. It is argued that the services of the petitioner were continued up to year 2021, in pursuance to this agreement. He was permitted to work from 11.3.2019 to 31.3.2021. It is submitted that the aforesaid agreement has been executed in pursuance to the order dated 8.3.2019 Annexure P/4, thereby the petitioner was extended a liberty to execute a fresh agreement. It is submitted that petitioner is a contractual employee and contractual employee cannot be transferred. He has placed reliance on the Full Bench judgment of this Court in the case of Ashok Tiwari Vs. M.P.

Text Book Corporation and Others 2010 (2) MPLJ 662 and prays for interim relief in the matter. However, from the agreement it is not reflected that any seal of the authority executing the agreement is affixed nor any order is placed on record in pursuance to which the agreement is being executed nor the agreement reflects the order in pursuance to which it has been executed. It is argued by the counsel for the petitioner that he is in possession of all these documents and he submits that he has submitted on affidavit that in pursuance to Annexure P/4 he has executed the agreement.

State counsel is directed to verify the aforesaid aspect within a period of seven working days.

List in the next week for consideration on the question of interim relief.