RAM KISHORE SHARMA Vs. ZILA PARISHAD JODHPUR

JUDGEMENT

(1.) THESE six writ petitions raise common questions of law and are based on identical facts and therefore, they were heard together and are being decided by a common order/judgment.

(2.) THE facts necessary to be noticed for the disposal of these six writ petitions briefly stated are : (1) FACTS OF RAMKISHORE SHARMA's CASE : THE case of the petitioner is that he was initially appointed as Gram Sewak-cum-Secretary with effect from 30. 7. 1977 in Panchayat Samiti, Simbalwada District Doongarpur. THEreafter, he was transferred to Panchayat Samiti, Shahpura (District Jaipur) and from there, he has been transferred to Panchayat Samiti, Bhopalgarh on the same post with effect from 30. 11. 1983. It is alleged that now he has been transferred to Panchayat Samiti, Osian vide order Annexure P. l dated 30. 7. 1992 and has already been relieved to join his new place of posting. It is this order, which is under challenge in this writ petition. (2) FACTS OF CHHOTU SINGH's CASE : Petitioner Chhotusingh was initially appointed as Gram Sewak-cum-Secretary with effect from 30. 8. 1962 in Panchayat Samiti, Balesar, District Jodhpur. THEreafter, in the year 1965, he was transferred to Panchayat Samiti, Luni. He was then transferred to Panchayat Samiti, Shergarh in the year 1977 and he remained there for about 9 months. He was again transferred to Panchayat Samiti, Luni in the year 1978 and is continuously working there on the post of Gram Sewak cum-Secretary. It is alleged that by order Annexure-P. 1 dated 30. 7. 1992, he has now been transferred to Panchayat Samiti, Mandore. He has challenged the order Annexure-P. 1 dated 30. 7. 1992, whereby he has been transferred to Panchayat Samiti, Mandore. (3) FACTS OF BABU LAL PAREEK's CASE: It is alleged that the petitioner was initially appointed as Lower Division Clerk with effect from 2. 4. 1968 in Panchayat Samiti, Balesar and he was, thereafter, transferred to various Panchayat Samities but ultimately, he came to be posted in Panchayat Samiti, Luni with effect from 22. 10. 1985 and is working there on the same post since then. He also stands transferred to Panchayat Samiti, Mandore vide order Annexure-P. 1 dated 30. 7. 1992 and has been relieved to join his new place of posting. (4) FACTS OF GANGA SINGH's CASE: Petitioner Ganga Singh was initially appointed on the post of Gram Sewak with effect from 23. 12. 1988 and was posted in Panchayat Samiti, Shergarh, from there, he has been transferred to Panchayat Samiti, Luni vide order Annexure P. l dated 30. 7. 1992. He has been relieved to- join his new place of posting. (5) FACTS OF SURENDRANATH ARORA's CASE: THE case of the petitioner is that he was initially appointed as Teacher IIIrd Grade with effect from 8. 7. 1992 in Panchayat Samiti, Bap and is working since then. It is alleged that by order Annexure-P. 1 dated 30. 7. 1992, he has been transferred to Panchayat Samiti, Mandore and has been relieved to join his new place of posting. (6) GULAB SINGH's CASE: It is alleged that the petitioner was initially appointed as Lower Division Clerk with effect from 9. 1. 1968 in Panchayat Samiti, Bilara. It is alleged that while he was working as L. D. C. in Panchayat Samiti, Bilara, he has been confirmed on the pot of L. D. C. It is further alleged that thereafter, the petitioner was transferred to Panchayat Samiti, Bap with effect from 25. 9. 1971, and from there, he was transferred to Panchayat Samiti, Rohat in the month of March 1971 on the post of Gram Sewak. However, he was again transferred on the post of Lower Division Clerk in the month of June 1979 in Panchayat Samiti, Bap and is working there since then. It is alleged that by order Annexure-P. 1 dated 30. 7. 1992, he has been now transferred to Panchayat Samiti Phalodi and has been relieved to join his new place of posting.

(3.) ACCORDING to the respondents, ever since his selection, the petitioner Surendra Nath Arora remained posted at Bap. It was further submitted that there were some complaints against him and therefore, he has been transferred.