JALAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, petitioner has prayed that the order dated 23. 3. 2005 (Annexure 5), issued by the Deputy Secretary, Panchayati Raj Department, Rajasthan, Jaipur and the order dated 13. 4. 2005 (Annexure 6) passed by the Chief Executive Officer, Pali may be quashed and set aside. It has also been prayed that the respondents may be directed to continue the petitioner on the post of Lower Division Clerk (L. D. C.) at Panchayat Samiti, Marwar Junction, District-Pali.

(2.) BRIEF facts giving rise to the instant petition are that vide order dated 3. 10. 1997 (Annexure 1), the petitioner was appointed as Lower Division Clerk. His seniority list (Annexure 2) was issued by the Chief Executive Officer, Zila Parishad, Pali on 21. 2. 2004, in which his name finds place at S. No. 24. It is further averred in the petition that Shri Nand Kishore Tiwari- Respondent No. 4 has been transferred in place of the petitioner.

(3.) IT is also submitted by the learned counsel for the petitioner that according to Rule 289 of the Rules, 1996, no transfer can be made without recommendation of the District Establishment Committee and the procedure provided under Rule 289, has not been followed.