CHHAGAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this batch of writ petitions mentioned in the schedule appended to this order, the validity of Rule 38 of the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 and Rule 20 of the Rajasthan Municipalities (Class IV Service) Rules, 1964 has been challenged.

(2.) FOR the convenient disposal of all these writ petitions, the facts of Chhagan Lal v. State of Rajasthan and Orthers. D.B. Civil Writ Petition No. 2658 Of 1989 and Prem Kishan v. Stale of Rajasthan and Orthers D.B. Civil Writ Petition No. 1972 of 1990 are taken into consideration. In Chhagan Lal's case, the petitioner was a resident of Sirohi and he was working as a Naks Guard in the Municipal Board, Sirohi. He was transferred to the Municipal Board, Abu Road by the order of the secretary, Local Self Government, Government of Rajasthan dated 29.7.1989. Therefore, he has filed the present writ petition challenging the validity of Rule 20 of the Rajasthan Municipalities (Class IV Service) Rules, 1964 (referred so hereinafter as 'the Rules of 1964') being ultra vires of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act of 1959')

(3.) IN both these writ petition as well as in this batch of writ petitions mentioned in the sechedule appended to this order, the question involved is the validity of Rule 38 of the Rules of 1963 and the Rule 20 of the Rules of 1964. Therefore, all these writ petitions arc disposed of by this common order.