MEENA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner, working on the post of teacher seeks to question the order dated 05.10.2007 (Annex.1) whereby she has been transferred from Ganga Bal Vidyalaya, Bikaner to Government Upper Primary School, Bajju (Panchayat Samiti Kolayat), and the order dated 10.10.2007 (Annex.2) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur dismissing her appeal ( No. 2216/2007) against the said transfer order.

(2.) Learned Counsel for the petitioner has strenuously argued that the impugned transfer order made by the State Government is wholly without jurisdiction and the Tribunal has erred in summarily rejecting the appeal without considering the substance of the submissions made on behalf of the petitioner. Learned Counsel submitted that operation of Sub-section (8-A) of Section 89 of the Rajasthan Panchayati Raj Act, 1994 ('the Act of 1994') read with Rule 289 of the Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') could only be in the manner that the posting by transfer of an employee is to be made by the Panchayat Samiti or Zila Parishad concerned; and the State Government could only lay down policy for such transfers. Learned Counsel further submitted that Rule 289 (2) of the Rules of 1996 would be rendered redundant if in relation to any member in the service of Panchayati Raj institution, the State Government could make orders of posting by transfer too because such posting is to be made by Panchayat Samiti or Zila Parishad only on the recommendation of the District Establishment Committee. Learned Counsel contended that the impugned order issued by the Deputy Secretary to the Government remains wholly without jurisdiction and deserves to be quashed.

(3.) Having given a thoughtful consideration to the submissions made by the learned Counsel for the petitioner, this Court is clearly of opinion that this writ petition remains bereft of substance and does not merit admission. No such case is made out where the impugned transfer order could be considered violating any statutory requirement or suffering from want of authority.