STATE OF RAJASTHAN Vs. BADUR RAM KHILERAI

JUDGEMENT

(1.) Heard learned Additional Advocate General Shri R.L. Jangid.

(2.) These appeals are against the common judgment dated 13.07.2010 by which bunch of writ petitions were allowed by learned Single Judge. Issue before the Single Bench of this Court was about the power, authority and jurisdiction of the State Government in transferring the teachers from one place to another place within the same Panchayat Samiti. The Single Bench on the basis of the earlier Co-ordinate Bench decision of this Court delivered in the case of Ram Singh v. State of Rajasthan and Ors., 2008 2 RajLW 1750, reached to the same conclusion that in view of the clear language under Section 89(8A) of the Rajasthan Panchayati Raj Act, 1994 the State has no power to transfer the teachers within Panchayat Samiti.

(3.) Learned Counsel for the Appellant submitted that though following the decision of the Single Bench, the State Government has cancelled all the transfer orders but yet State has preferred these appeals so that the legal position may be examined by the Division Bench in the light of the subsequent amendments which were not brought to the notice of the Single Bench when the Ram Singh's case and Badur Ram Khileri case (supra) were decided by the two Benches of this Court alongwith several connected writ petition.