STTE OF MADHYA PRADESH versus SHANKER LAL & ORS.

STTE OF MADHYA PRADESH versus SHANKER LAL & ORS.

The State Government under Section 94(7) of the Madhya Pradesh Municipalities Act, 1961, has the power to transfer not only the officers specifically enumerated in sub-sections (1) and (2) but also other officers and servants appointed by Municipal Councils, which includes teachers and lecturers of municipal schools. These employees are also considered officers and servants of the Councils.

Parties
Appellant: State of Madhya Pradesh; Respondents: Shanker Lal & Ors.
Jurisdiction
India
Judgment Date
16 January 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From Decision of Madhya Pradesh High Court
Outcome
Appeals dismissed
Legal Topics
Transfer of Municipal Employees, Interpretation of Statutory Provisions, Authority of State Government Over Municipal Employees
Administrative Law Education Law Municipal Law Transfer of Municipal Employees Interpretation of Statutory Provisions Authority of State Government Over Municipal Employees

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Parties

State of Madhya Pradesh

Appellant

Shanker Lal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Decision of Madhya Pradesh High Court

Legal Issues

  1. 1 Whether the State Government had the power under Section 94(7) of the Madhya Pradesh Municipalities Act, 1961 to transfer lecturers and teachers employed by Municipal Councils to other Municipal Councils.

Ratio Decidendi

The State Government under Section 94(7) of the Madhya Pradesh Municipalities Act, 1961, has the power to transfer not only the officers specifically enumerated in sub-sections (1) and (2) but also other officers and servants appointed by Municipal Councils, which includes teachers and lecturers of municipal schools. These employees are also considered officers and servants of the Councils.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs.