MOHAN RAM NEHARA Vs. STATE

JUDGEMENT

(1.) By way of this writ petition, the petitioner, working on the post of Gram Sevak, seeks to question the order dated 13.07.2007 (Annex.6) issued by the State Government in its Panchayati Raj Department whereby he has been transferred from Panchayat Samiti, Ladnu to Panchayat Samiti, Rewdar (Sirohi); and the order dated 19.07.2007 (Annex.9) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur dismissing his appeal (No. 974/2007) against the said transfer order.

(2.) The petitioner has averred in the writ petition that he was initially appointed on 21.03.1997 on the post of Gram Sevak; that by the order dated 26.06.2006 (Annex.1) he was transferred to Gram Panchayat, Silnavad and then, by the order dated 11.05.2007 (Annex.2) he was directed to report at Sub-Division Office, Ladnu; that thereafter he was transferred to Gram Panchayat, Balsamand by the order dated 30.06.2007 (Annex.3). The petitioner has raised the grievance that by the order dated 12.07.2007 he was transferred from Panchayat Samiti, Ladnu to Panchayat Samiti, Dhorimanna (Barmer) and has taken the averments that the petitioner was not working at Panchayat Samiti, Ladnu but was working at Gram Panchayat, Balsamand; and the order was issued without any administrative exigency. The petitioner has further averred that the order was passed in complete non-application of mind regarding his place of posting. The petitioner has further stated that the very next day, i.e. 13.07.2007, another list came to be issued and surprisingly he was shown transferred from Panchayat Samiti, Ladnu to Revdar (Sirohi) without assigning any reason.

(3.) The petitioner has referred to the circular dated 24.02.2007 (Annex.7) issued by the State Government requiring that ordinarily the Gram Sevak will not be transferred outside the District and it was only in the special circumstances that such transfers could be made subject to prior permission of the higher officials; and that it was not clarified that what seniority was assigned to the petitioner in absence whereof it seems that the seniority of the petitioner is not kept intact by the respondents. The petitioner has pointed out that he filed an appeal against the said transfer order before the Rajasthan Civil Services Appellate Tribunal, Jaipur that has been dismissed by the Tribunal on 19.07.2007 according to the petitioner, without assigning proper reasons and without addressing to the issues arising in the matter.