BIHARILAL JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) IN all these writ petitions common questions of law and fact arise and, as such, they are being disposed of together.

(2.) FACTS lie in a narrow compass. Petitioners are aggrieved by their transfers from one Janpad Panchayat to another Janpad Panchayat by the Zila Panchayat. It is the stand of the petitioners that they being the employees of one Janpad Panchayat, cannot be transferred to another Janpad Panchayat, and Zila Panchayat had no authority to transfer them. Stand of the Zila Panchayat is that under Section 52 (1) (xii) of the Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Act') one of the functions of the Zila Panchayat is to administer and control the employees appointed and posted in Panchayats including staff transferred by the State Governments to the Panchayats and in exercise of its function, it had transferred the petitioners from one Janpad Panchayat to another. It is common ground that all the employees who have been transferred are Class III employees.

(3.) IN view of the rival stand, what falls for determination is as to whether an employee of the Janpad Panchayat can be transferred to another Janpad Panchayat by the Zila Panchayat in exercise of its function under Section 52 (1) (xii) of the Act.