MAKHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged his transfer from Panchayat Samiti Jhotwara, Jaipur to Chauhtan (Barmer) under order (Ann. Ex. 1) dated 11. 6. 1984. THE petitioner was initially appointed as Gram Sewak in the year 1957 before coming into force of Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959 (for short 'the rules'), In the year 1974 he was transferred to Panchayat Samiti Bassi from Panchayat Samiti Fagi District Jaipur and again in the year 1975 he was transferred from Panchayat Samiti Bassi to Panchayat Samiti Jhotwara, Jaipur. THE challenge to the aforesaid order (Ex. 1) and also (Ex. 2) order dated 4th August, 1984 is on the ground that rule 29 of the Rules 1959, is arbitrary and invalid and even procedure prescribed in the rule 29 has not been followed.

(2.) THE contention of the learned counsel for the petitioner is that the appointment to the post of Village Level Worker is made district wise and therefore, there cannot be inter district transfer. Rule 29 providing transfer outside the district is therefore, illegal and arbitrary.