STATE OF RAJASTHAN Vs. REKHA KUMARI

JUDGEMENT

(1.) The instant bunch of 91 intra court appeals led by D.B. Civil Special Appeal (Writ) No.284/2022 (State of Rajasthan and Ors. Vs. Rekha Kumari) has been preferred by State of Rajasthan for assailing the common impugned order dtd. 9/3/2022 passed by the learned Single Bench accepting 99 writ petitions [led by S.B. Civil Writ Petition No.3299/2022 ' Anju Bala Vs. State of Rajasthan and Ors.]. Details of the intra court appeals and the writ petitions are mentioned in the Schedule appended to this judgment.

(2.) The basic controversy involved in these appeals is as to whether the employees, whose parent cadre is Medical and Health Department and whose services have been provided to the Panchayati Raj institution can be transferred by the Medical and Health Department without following the procedure laid down under Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (for short, hereinafter referred to as 'the Rules of 2011'), which reads as below:-

(3.) A Division Bench of this Court in the case of State of Rajasthan and Ors. Vs. Samleta [D.B. Civil Special Appeal (Writ) No.736/2018 decided on 11/10/2018] took a view that as per Sub-rule (ii) of Rule 8 of the Rules of 2011, when an employee, whose services are governed by the Panchayati Raj Act, is proposed to be transferred from one district to another, there is a prerequisite condition of obtaining prior consent of Panchayati Raj Department irrespective of the fact that the employee is surplus in the Panchayati Raj Department. This court is apprised that the State of Rajasthan has assailed the Division Bench order in the case of Samleta (supra) before Hon'ble the Supreme Court by way of Special Leave Petition (Civil) Diary No.41290/2019 which is pending.