RAM PRASAD PAREWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prayer of the petitioner in the instant writ petition is as under:- " to quash and set aside the impugned transfer order dated July 15, 2005 (Ann. 7 ). In the alternative, it may be declared that if the Government is given any administrative control on day to day affairs of municipalities and that too by virtue of any provision then such provision should be ordered to be ceased to exist in view of the amended provisions of the Constitution i. e. , by virtue of 73rd Amendment of 1992. "

(2.) AS per the facts averred in the writ petition the petitioner was initially appointed on the post of Lower Division Clerk vide order dated January 13, 1977. The appointment was made under the Rajasthan Municipal (Ministerial) Service Rules, 1963 (for short `rules 1963' ). The petitioner was transferred to Badi Sadri vide transfer order dated July 9, 2004. The petitioner was relieved to join at Badi Sadri, but he was not allowed to join the duty on the ground that he was working on the post of LDC, whereas in the order of transfer he has been shown to be UDC. Therefore the Municipal Board Rajgarh made a request for necessary correction vide letter dated July 14, 2004. The petitioner was not allowed to join on the post of UDC on the ground that the post of UDC is not available vide order dated July 16, 2004. Vide order dated August 4, 2004 the petitioner was kept under awaiting of posting. In the process of joining, the petitioner firstly remained at Badi Sadri and at Jaipur. Vide order dated September 25, 2004 the petitioner was transferred to Bandikui and the petitioner joined at Bandikui. The petitioner again transferred vide order dated July 14, 2005. When the petitioner was trying to settle his family affairs the Chairman, Municipal Board Bandikui issued the letter dated July 15, 2005. Feeling aggrieved by the transfer order dated July 14, 2005 the petitioner has preferred the instant petition.

(3.) FOR these reasons the writ petition stands dismissed summarily. .