STATE OF MADHYA PRADESH Vs. SHANKAR LAL

JUDGEMENT

(1.) These three appeals by special leave are from the common judgment of the Madhya Pradesh High Court allowing the Writ Petitions filed by the six respondents and quashing the orders of their transfer made by the State Government in exercise of their power under S. 94 (7) of the Madhya Pradesh Municipalities Act, 1961, hereinafter called the Act. The respondents were employees of the Municipal Council, Sagar. They were employed as Lecturers and Teachers in the various Municipal Higher Secondary Schools run and managed by the said Municipal Council. There orders were issued by the State Government on various dates in June, 1968 transferring certain lecturers and teachers serving under a particular Municipal Council to the Schools run and managed by another Municipal Council. The six respondents were transferred by the said orders to various places. They challenged the order of transfer in the High Court on the ground that the State Government had no power to transfer them under S. 94 (7) of the Act. The High Court had accepted their contention and hence these appeals.

(2.) We shall quote the relevant provisions of S. 94 of the Act as they stood at the relevant time from the judgment of the High court. There have been some amendments in the year 1973 with which we are not concerned. They read as follows:-

(3.) The High Court in support of its view has referred to sub-s. (4) of S. 94 wherein only the officers enumerated in sub-ss. (1)and (2) are specified. Obviously the said sub-section does not cover the cases of other officers and servants as mentioned in sub-ss. (1) and (2). The language of sub-s. (7) is in contrast to that of sub-s, (4) and, instead of lending support to the view of the High Court, goes against it.