LALITA MOHNOT Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has approached this Court seeking to challenge the order/guidelines Annexure -8 dated 19.7.2003 whereby the power of transfer of the employees in service of Panchayat Samiti and Zila Parishads were delegated for setting aside the transfer order dated 31.7.2007 (Annex. 2) and for implementing the transfer order dated 24.2.2009 (Annex -10) as well as for releasing the salary of the petitioner. The petitioner has also assailed the legality and validity of the order dated 18.12.2009 passed by the Rajasthan Civil Services Appellate Tribunal in an appeal preferred by the respondent No. 3 Smt. Kamla Purohit.

(2.) THE matter involves a complex chequered history and multiple litigations preferred before the Rajasthan Civil Services Appellate Tribunal as well as this Court.

(3.) IT is asserted in the writ petition that the petitioner's husband was suffering from thalassaemia and her nine year old daughter was a student of Class -VI and the petitioner is the only person in the family who could care for both of them. The respondent No. 3 Kamla Purohit submitted an application Annexure -1 to the Zila Pramukh, Zila Parishad, Jodhpur for being transferred from the Panchayat Samiti, Baap to the Panchayat Samiti, Luni. The Zila Pramukh recommended the transfer of Smt. Kamla Purohit from Panchayat Samiti, Baap to Panchayat Samiti, Luni. Accordingly, the Project Director, Dist. Women Development Agency, Jodhpur issued an order dated 31.7.2007 (Annex. 2) whereby respondent No. 3 Kamla was transferred to Panchayat Samiti, Luni and vice her, the petitioner was transferred to Panchayat Samiti, Baap. Immediately on coming to know of the transfer order, the petitioner submitted an application to the Zila Pramukh for cancelling the same. She also submitted a representation to the Minister concerned against her transfer.