KERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge before this Court in this bunch of petitions are transfer orders of panchayat officials of the rank of Village Development Officers/Assistant Administrative Officer/Gram Sewak/LDC/Junior Assistants/Junior Technical Assistant/Gram Vikas Adhikari serving in Rajasthan, inter alia, alleging gross violation of statutory provisions of Rajasthan Panchayati Raj Act, 1994 read with Rules framed there under (to be referred as the 'Act and the Rules, respectively).

(2.) Ordinarily, transfer of a government servant does not warrant any indulgence, same being integral part of service conditions and an essential incidence thereof. There is no gainsaying that transfer is neither a punishment nor a promotion. This Court, therefore, treads cautiously to interfere, since it arises out of routine administrative exigencies, unless it is a case of extreme hardship and/or patent violation of statutory right of an employee and/or colorable exercise of power to punitively treat an employee with oblique motive or proven malafides.

(3.) Adverting to the specifics of the case in hand. Before this Court are three categories of Panchayati Raj officials i.e. :-