STATE OF RAJASTHAN Vs. MOOL SHANKER

JUDGEMENT

(1.) These appeals arise out of a common judgment of the learned Single Judge dtd. 2/8/2021 passed in the respective petitions.

(2.) Brief facts may be noted at the outset.

(3.) The State Government had transferred some of its activities and employees and placed them at the disposal of the Panchayats for working in various Panchayati Raj institutions. In furtherance of this scheme, under a notification dtd. 11/3/2011, the State Government had promulgated the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (hereinafter to be referred to as the 'Rules of 2011'). The term transferred employee' was defined in Rule 2(iv) of the Rules of 2011 as to mean the employees working on the posts relating to activities transferred to the Panchayati Raj Institutions. Chapter-II of the said Rules pertains to controlling of transferred employees. Rule 3 contained in the said chapter reads as under: "3. Status- (1) The transferred employees of State Government shall remain the employees of the State Government and their services shall be governed by the service rules concerned of the State Government. (2) The cadre control of the transferred employees shall be with the department concerned of the State Government."