SANTOSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY these writ petitions, the petitioners working as teachers in Govt. Schools have challenged the order of transfers/absorption from one place to another within the same Panchayat Samiti under the Equalization Policy.

(2.) LEARNED counsels inter alia have raised the issue of jurisdiction of learned Deputy Secretary, Panchayati Raj (Elementary Education) Department, Government of Rajasthan, Jaipur in passing the said order on the anvil of Section 89 (8) of the Rajasthan Panchayati Raj Act, 1994, which provides that transfer of any member of service which includes primary and upper primary school teachers shall be made after consultation with Pradhans or the Pramukhs , as the case may be, of the Panchayat Samitis or the Zila Parishads. However, sub-section (8-A) of Section 89, which is a non obstante clause, provides that the State Government may 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 vice-a-versa.

(3.) REPLY to the writ petition may be filed before the next date i.e. 13/7/2010. Rejoinder, if any, may also be filed before the next date.