RAM LAL BISHNOI Vs. RAJASTHAN CIVIL SERVICES

JUDGEMENT

(1.) By way of these writ petitions, the petitioners, working on the post of teacher seek to question the. ers of transfer whereby each of them has been transferred from the present place of posting within one Panchayat Samiti to another place of posting within some other Panchayat Samiti; and so also the common order dated 03.10.2007 made by the Rajasthan Civil Services Appellate Tribunal, Jaipur dismissing their respective appeals against the said transfer order. For common questions of law being involved and the petitioners essentially raising identical contentions, these petitions have been heard together; and, for this Court being satisfied that the petitions do not merit admission, are taken up for disposal by this common order.

(2.) Each of the petitioners, working on the post of Teacher Gr.III has been transferred from a Government Primary/Upper Primary School within Panchayat Samiti, Sanchore to some other Government Primary/Upper Primary School within other Panchayat Samitis of Raniwara, Bhinmal, Sayala. The petitioners filed individual appeals before the Tribunal against such transfer orders that have been rejected by the Tribunal by the impugned common order dated 03.10.2007 with the findings that the transfer order was made by the State Government within its powers under Rule 289 and 290 of the Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') and that it was for the administration to decide as to the services of which employee should be taken where.

(3.) Seeking to assail the transfer order and the order passed by the Tribunal, it has been contended on behalf of the petitioners that they have been transferred from one Panchayat Samiti to another Panchayat Samiti without any administrative exigency and contrary to the transfer policies; that the State Government was not competent to issue such transfer orders, which could be made only with the concurrence of Panchayat Samiti by the District Establishment Committee. It is asserted on behalf of the petitioners that at present within Panchayat Samiti, Sanchore about 239 posts of Teacher Gr.III are lying vacant as established by the certificate dated 06.10.2007 issued by the Block Primary Education Officer, Panchayat Samiti, Sanchore and it is also contended in relation to some of the matters that nobody has been posted vice the petitioner. Thus, according to the petitioners, the orders of transfer have been made without regard to the administrative exigencies. It is also suggested that the petitioners have not requested for any such transfer and the State Government could not have issued their transfer orders. Learned Counsel for the petitioner has also referred to an order made by this Court at its Jaipur Bench in S.B.Civil Writ Petition No. 8105/2007: Babulal v. R.C.S.A.T. and Ors. on 04.10.2007 and submitted that the case of the petitioners being similar to said case of Babulal, the order as made therein permitting the petitioner to file a representation and directing the Dy. Secretary to decide the same within a period of one month and maintaining of status quo for a period of one and half months may also be made in relation to the present petitioners.