MAHENDRA KR YADOV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONERS have challenged the policy decision taken by the Government on dated 28. 7. 2000 whereby transfer orders issued to the Teachers, who have not completed five years of service upto 31. 7. 2000 at the initial place of posting, stood cancelled.

(2.) SUBMISSION of the learned counsel appearing on behalf of the petitioners is that the policy decision taken by the Government is arbitrary, capricious and discriminatory inasmuch as this policy decision is made applicable only to particular districts in the State of Rajasthan. It is also submitted that once the order of transfer has been issued it shall be presumed that the authorities have reached to the conclusion that the transfer of the Teachers is in public interest and, therefore, the order of transfer cannot be rescinded. Sub-Section (8-A) of Section 89 of the Rajasthan Panchayati Raj Act, 1994 (for short `the Act of 1994') authorises the State Government to transfer any member of the service from one Panchayat Samiti to another Panchayat Samiti, whether within the same district or outside it, from one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti to a Zila Parishad, or from a Zila Parished to a Panchayat Samiti, and may also stay the operation of or cancel, any order of transfer made under sub-section (8) of the rules made thereunder. Rule 290 (2) of the Rajasthan Panchayati Raj Rules, 1996 (for short `the Rules of 1994') is to the same effect.