RAM CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This court is yet again being swamped each day with writ petitions by transferees of Panchayat department, alleging that the mass transfers carried out, are in violation of the letter and spirit and the intent of Sec. 89(8-A) of the Rajasthan Panchayati Raj Act, 1994 coupled with the fact that the transfer guidelines framed by this Court in Kera Ram Vs. The State of Rajasthan and Ors. : S.B. Civil Writ Petition No. 2909/2024, decided on 30/4/2024 have been flagrantly violated, compelling them to approach this Court to seek issuance of a writ in the nature of certiorari to quash the respective transfer orders.

(2.) Facts of the individual cases need not be gone into, as what is under challenge herein simpliciter is the manner, procedure, legality and administrative propriety of the transfers/postings. Assertion is that not only it is mechanical exercise of mind, but also colorable exercise of powers taking advantage of the non obstante clause contained in the Sec. ibid.

(3.) In fact, instead of adjudicating the controversy all over again, suffice it would be to reproduce the relevant extract of the judgment rendered in Kera Ram ibid, as below:-