AMAR SINGH Vs. BALMEET SINGH AND ORS.

JUDGEMENT

(1.) This appeal has been filed by appellant-Amar Singh, the Executive Engineer, Water Resources Development and Soil Conservation, Panchayat Samiti, Rawatsar assailing the order of the learned Single Judge dtd. 12/11/2018.

(2.) The learned Single Judge has by the aforesaid order allowed the writ petition filed by the respondent-Balmeet singh and set aside the order of his transfer dtd. 31/7/2018.

(3.) Facts of the case are that respondent-Balmeet singh was promoted from the post of Assistant Engineer to that of Dy. Director, Agricultural (Engineer) by order dtd. 11/4/2018. He was thereafter posted from the post of Executive Engineer, Water Resource Department and Soil Conservation, Panchayat Samiti Suratgarh, District Sriganganar to Executive Engineer, Water Resource Department and Soil Conservation, Panchayat Samiti Rawatsar, District Hanumangarh by order dtd. 1/5/2018. However, subsequently by order dtd. 31/7/2018, he was transferred from Panchayat Samiti Rawatsar to Churu. It is this order, which the respondent-writ petitioner challenged before the learned Single Judge. Learned Single Judge relying on Rule 8(ii) of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 has held that the transfer of the respondent-writ petitioner from one District to another cannot be done without satisfying the prerequisite condition of obtaining prior consent from the Panchayati Raj Department. The learned counsel appearing for the State submitted before the learned Single Judge that a general Circular was issued by the Government dtd. 6/6/2018 granting relaxation for even inter-District transfer of employees of Panchayati Raj Department without seeking any specific consent of such department.