LADU RAM Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order of transfer/posting dated 16.11.2017 (Annex.-3) issued by the Chief Executive Officer, Zila Parishad, Nagaur, whereby the petitioner has been transferred from Panchayat Samiti, Jayal to Panchayat Samiti, Mundwa.

(2.) The petitioner was posted as Secretary-cum-Gram Sevak in the respondent-Panchayati Raj Department by order dated 20.03.2001 and was allotted Panchayat Samiti, Mundwa, District - Nagaur. Whereafter, the petitioner was transferred to various places and was ultimately transferred to Panchayat Samiti, Jayal, where he is working as Secretary-cum-Gram Sevak at Gram Panchayat, Soneli since last one year, where he was transferred by order dated 26.09.2016. Now by impugned order dated 16.11.2017 (Annex.-3), the petitioner has been transferred from Panchayat Samiti, Jayal to Panchayat Samiti, Mundwa. It is submitted by learned counsel for the petitioner that the transfer of the petitioner is in violation of the Circular dated 02.10.2010, wherein an employee could not be transferred within two years from the date of posting. Further submissions have been made that the order of transfer is in violation of Section 89(8) of the Rajasthan Panchayati Raj Act, 1994 ('the Act') and Rule 289 of the Rajasthan Panchayati Raj Rules, 1996 ('the Rules'), inasmuch as, before transferring an employee, it is an obligation upon the Panchayat Samiti or Zila Parishad to consult the Pradhan or the Pramukh of Panchayat Samiti or Zila Parishad, to which, the transfer is proposed, however, no such consultation has taken place and, therefore, the transfer is bad in law. Further submission has been that there is no mention regarding payment of TA/DA and joining time in the order impugned, on that count also, the order impugned is in violation of the Rules and, therefore, the same deserves to be quashed and set aside.

(3.) Learned counsel appearing for the respondents submitted that the plea raised by the petitioner regarding violation of provisions of Section 89(8) of the Act is baseless, inasmuch as, the transfer is in consonance with provisions of Section 89 (8 A) of the Act , which empowers the State Government to transfer any number of service from one Panchayat Samiti to another Panchayat Samiti, whether within the same District or outside, from one Zila Parishad to another Zila Parishad or from the Panchayat Samiti to a Zila Parishad or from Zila Parishad to a Panchayat Samiti. It was submitted that a bare look at the order (Annex.-3) reveals that the same makes a reference to the order dated 12.10.2017 issued by the State Government and it is only in pursuance of the order of the State Government that the order impugned dated 16.11.2017 (Annex.-3) has been issued and as such the plea raised in this regard is baseless. Further submissions were made that mere fact that it has not been indicated in the order impugned that the petitioner would be entitled to TA/DA and joining time by itself cannot vitiate the order unless the same has been restricted while passing the order, the applicability of the TA/DA and joining time is automatic and, therefore, no exception can be taken to the order impugned and the writ petition being without any substance deserves to be dismissed. Reliance was placed on judgment in Aradhana Sharma v. State of Rajasthan & Ors .: S.B. Civil Writ Petition No.12988/2016, decided on 03.08.2017. I have considered the submissions made by learned counsel for the parties and have perused the material available on record and made available by the counsel for the respondents during the course of submissions.