ANITA MIDDHA Vs. RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL JAIPUR
LAWS(RAJ)-2011-10-26
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on October 12,2011

ANITA MIDDHA,A ONE Appellant
VERSUS
RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL, JAIPUR,MAMTA SIDANA,DISTRICT ELEMENTARY EDUCATION OFFICER, JAIPUR Respondents

JUDGEMENT

- (1.) Since on same of facts, similar relief has been claimed, all these writ petitions have been heard together and decided by this common order.
(2.) By these writ petitions a challenge to the order of transfer has been made by the petitioners.
(3.) Learned counsel for petitioners submit that petitioners were appointed on the post of Teacher Gr III. They have been transferred now from one Panchayat Samiti to another Panchayat Samiti in violation of section 89 (8) (ii) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994'). As per aforesaid provision, transfer can be made after consultation with the Pradhans or Pramukhs, as the came may be, of the Panchayat Samitis or Zila Parishads from and to which such transfer is proposed to be made. In the present matter, though transfer is from one Panchayat Samiti to another but Pradhans of the Panchayat Samitis have not been consulted before passing of the orders of transfer. Looking to the aforesaid, impugned orders of transfer deserve to be quashed on this ground alone.;


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