OMPRAKASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the transfer order dated 25 -6 -2010 (Annexure P -1), whereby the petitioner working as Panchayat Karmi (Secretary) in Gram Panchayat, Puhputra, Janpad Panchayat Lakhanpur, has been transferred to Gram Panchayat, Jamdi, Janpad Panchayat, Lundra.

(2.) THE facts, briefly stated are that the petitioner was initially appointed by the Chief Executive Officer, Janpad Panchayat, Lakhanpur as Panchayat Karmi under the provisions of the Chhattisgarh Panchayat Service (Recruitment and General Conditions Services) Rules, 1999 (for short "the Rules, 1999"). Thereafter, the petitioner was appointed as Secretary under the provisions of Section 69 of the Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam, 1993").

(3.) SHRI Sao, learned Counsel appearing for the State/respondent Nos. 1 and 3, submits that the appointment of the petitioner initially as Panchayat Kari under the guidelines dated 29 -8 -2008 (Annexure R -1) and thereafter, he was appointed as Panchayat Secretary under the provisions of Section 69 of the Adhiniyam, 1993. Thus, Rule 27 of the Rules, 1999 would not be applicable.