RAMESHWAR PRASAD DIXIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by Rameshwar Prasad Dixit and Madho Lal Jat, who are Gram Sevaks and ex-offlcio Secretaries of the Gram Panchayat challenging their transfer from Panchayat Samiti, "niwai to Panchayat Samiti,'deoli by order dated August 30, 1989 (Ex. 4) issued by the Secretary District Establishment Committee, Zila Parishad, Tonk.

(2.) BOTH the petitioners were Gram Sevak and ex-officio Secretary of the Gram Panchayat in substantive capacity. It is alleged that District Establishment Committee by its order dated April 22, 1989 (Ex. I) ordered the transfer of the petitioners from Panchayat Samiti, Niwai to Panchayat Samiti, Tonk The petitioners made an approach to the Government and after' considering their matter, the-Government of Rajasthan in Rural Development and Pancha-yati Raj Department by order dated July 1, 1989 (Ex. 2) cancelled their transfers However on August 30, 1989, the District Establishment Committee, Tonk by order Ex. 4 transferred the petitipners from Panchayat Samiti, Niwai to the Panchayat Samiti, Deoli. The petitioners have stated that this transfer was malafide and further that the power of transfer within district or outside district can be exercised only at the request or desire of the employee concerned. It is also stated that if there were any administrative reasons which warranted transfer of the petitioners they could have been transferred and posted at any of the three Gram Panchayats under the Panchayat Samiti, Niwai.