Uttamlal Maravi vs State of M.P.

R.V. Raveendran, C.J.

The appellant belongs to the cadre of Assistant Grade-II. By order dated 07.07.2003 he was transferred to the Office of the Executive Engineer at Mandla to be posted as Senior Accounts Clerk in an existing vacancy at his own request. When he reported to the office of the Executive Engineer, Mandla he found that the fourth respondent was holding the charge of the said post. As there was some difficulty in getting the charge from the fourth respondent, the appellant approached the Executive Engineer and an order dated 13.08.2003 was issued directing the fourth respondent to deliver the charge of the post of Senior Accounts Clerk to the appellant.

In the meanwhile, the District Transfer Board, in pursuance of an order passed in the month of July, 2003 made an order on 14.08.2003 shifting the appellant from the post of Senior Accounts Clerk to the post of Head Clerk in the office of the Executive Officer at Mandla, that is the same Feeling aggrieved, the appellant filed W.P.No. 1075/2003. According to him as he was posted as Senior Accounts Clerk by the Chief Executive Engineer, he could not have been shifted from that post to the post of Head Clerk by-order of the District Transfer Board and such shifting is illegal.

The learned Single Judge dismissed the petition by order dated 09.10.2003 on the ground that shifting of the appellant from one post to another in the same office and in the same cadre without denying any benefits, was a purely administrative act and did not affect any right of the appellant and, therefore, he had no cause of action. That order is challenged in this appeal.

The appellant contends that he is senior to the fourth respondent and therefore has a right to be posted as Senior Accounts Clerk instead of being posted as Head Clerk. He submits that as he belongs to a Scheduled tribe, he was discriminated.

We have carefully examined the contentions put forth by the appellant The appellant has not been able to show any rule or instructions providing that a senior should hold the post of a Senior Accounts Clerk and a junior should hold the post of a Head Clerk. It is not disputed that both the posts of Head Clerk and Senior Accounts Clerk are to be held by persons in the cadre of Assistant Grade-II. We do not find any discrimination. There is also no hardship when a person is posted to work in the same office in some other capacity. The shifting from the post of Senior Accounts Clerk to Head Clerk does not involve any change in cadre or reduction in salary or reduction in perquisites. We fail to understand how the appellant can feel aggrieved by the transfer order. Neither malafides nor violation of any statutory rule is made out. We deprecate the desire of the Government servant to be wedded to a particular table and filing writ petitions challenging even internal administrative arrangements.

The appeal is, therefore, dismissed with costs of Rs. 1000/- payable by the appellant to the State Government.