Sonal Gadpal vs The State Of Madhya Pradesh & Ors.

Petitioner is taking exception to order dated 22.07.2026 passed by Upper Sachiv Forest Department, Govt. of MP. By said order, petitioner was sent on deputation from Bandhavgarh (Dhamokhar) Tiger Reserve Umaria to M.P. State Minor Forest Produce Federation, Bhopal as Assistant Conservator of Forests.

Counsel appearing for petitioner submitted that petitioner was posted as Assistant Director (Incharge) at Bandhavgarh (Dhamokhar) Tiger Reserve Umaria. Petitioner was rightly promoted from post of Forest Ranger to Assistant Conservator of Forests but sending her on deputation is bad in law. No consent of petitioner was obtained. Said order resulted in changing service conditions. Petitioner is also subjected to frequent transfers without justification. She was not permitted to complete her tenure period of three years. Other officers were promoted to post of Assistant Director on current place of posting. Sending petitioner on deputation may be taken by department to be as break in service. Children of petitioner are studying in class 4th and 6th. Transfer and posting is made in the mid session. On basis of aforesaid facts and grounds, counsel appearing for petitioner made a prayer for quashing of the impugned order and to issue direction to post the petitioner as Assistant Director Bandhavgarh Tiger Reserve.

Govt. Advocate appearing for State supported the order passed by State Govt. It is submitted that promotion and posting of petitioner in federation does not amount to deputation. It is part of Forest Services. Petitioner is not being discriminated with. Petitioner will not suffer any adverse civil consequences due to her posting in federation. Posting after promotion is incidence of service and same is done in routine manner. Therefore, no interference is called for and writ petition may be dismissed.

Heard learned counsel for parties.

In impugned order dated 22.07.2026, name of petitioner occurs at Sr. No.61. She was working as Incharge Assistant Director Bandhavgarh Tala Tiger Reserve Umaria and is transferred to MP. State Minor Forest Produce Federation Bhopal as Assistant Conservator of Forests. State Minor Forest Produce Federation, State Forest Development Corporation and Eco Tourism Development Board are associated organizations of Forest Department and part of organization setup of Forest Department. Organization setup of Forest Department is shown as under :

Govt. of Madhya Pradesh

Forest Department

PCCF/ HOFF

Forest Department Associated Bodies

DFO

Forest Dept. Corp. MP Federation Eco Tourism Board When an officer is posted on deputation to an associated organization, then lien is retained in Forest Department and there is no break in service. There will be break in service when an officer is permanently absorbed in federation and lien is broken. Petitioner is sent on a transfer and posting order and petitioner will continue to hold her lien in Forest Services. Service conditions of petitioner will not been affected. Petitioner is a gazetted officer and can be transferred. Transfer is an incidence of service and transfer to associated organization is also incidence of service. Officers can be transferred and posted to another place in exigency of service. Petitioner was promoted and has been given posting, therefore, she can be transferred even without completing her tenure period. State Minor Forest Produce Federation and State Forest Development Corporation are closely associated with Forest Department. There can be transfers on deputation to said organizations which is only temporary in nature. If deputation is permanent in nature or results in absorption, then consent of officer is required. In the present case, petitioner is being sent temporarily to a foreign department, which is part of Forest Department. She is being posted to an organization closely associated with the Forest Department, while continuing to retain her lien in the Forest Services. Accordingly, there is neither any break in service nor any alteration of her substantive service conditions.

In view of same, no interference is called for. Writ petition filed by petitioner is dismissed.