NEELAM SAXENA Vs. STATE OF RAJASTHAN THROUGH SECRETARY

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved against order dated 24.09.2017 passed by the respondents, wherein, petitioners have been granted posting order and order dated 18.10.2017 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur ('the Tribunal'), whereby, the appeals filed by the petitioners have been dismissed.

(2.) The grievance of the petitioners is that they were appointed under the provisions of Rajasthan Education Sub-ordinate Service Rules, 1971 ('the Rules of 1971'), which fact is fortified from the order of appointment Annexure-1, however, the order impugned dated 24.09.2017 has been passed indicating that pursuant to the provisions of Rule 6D of the Rules of 1971, the petitioners were being posted at the respective place after transferring them from their present place of posting.

(3.) It is submitted that provisions of Rule 6D of the Rules of 1971 pertain to the recruitment/transfer of Teachers, who are governed by the provisions of Rajasthan Panchayati Raj Act, 1994 ('the Act of 1994') and Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') and has no application to the employees like petitioners, who are already governed by provisions of Rules of 1971 and, therefore, passing of order Annexure-3 is on account of non-application of mind and the same deserves to be quashed and set aside.