RAMESH CHAND KACHHAWAHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) DESPITE this Court in a number of earlier decisions has held that rule 38 of the Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963 (for short, the Rules) is valid and under it a subordinate, ministerial and class IV employees could be transferred from one Municipal Board to another, a contrary view was taken by this Court in the case of Chhaganlal vs. State of Rajasthan and others (1 ). In the said case of Chhaganlal this court struck down rule 38 of the Rules. Thereafter, Section 310A was inserted in the Rajasthan Municipalities Act, 1959 (for short, the Act) by the Ordinance dated December 29, 1990 vesting powers on the State Government to transfer a member of subordinate service, ministerial service or class IV service from one Municipal Board to another and consequently rule 38 was also amended. Later on the said Ordinance was replaced by an Act. In this writ petition the petitioner claims to be the President of Nagar Parishad Sanyukt Karamchari Sangh and is LDC at Municipal Council, Jodhpur and has challenged the vires of Section 310-A of the Act as well as rule 38 of the Rules.

(3.) SO far as the merits of the case are concerned, we find no case to interfere in the transfer.