GURMEL SINGH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) By the order impugned dated 25.06/2008, the petitioner has been transferred from Government Primary School Jandawali to Government Primary School Dabli Rathan in Panchayat Samiti Hanumangarh.

(2.) The contention of the learned counsel for the petitioner is that the State Government is not competent to transfer an employee by Panchayati Raj Institution within the same Panchayat Samiti.

(3.) The controversy involved in this petition for writ is no more res integra in view of judgment of this Court in the case of Ram Singh and 36 others Vs. State of Rajasthan & ors., reported in 2008(3) WLC-138. In the case aforesaid, this Court held that the State Government is not vested with power to transfer an employee of Panchayati Raj Institution within the same Panchayat Samiti.