- (1.) Both the abovementioned writ petitions are being decided by this common order as in both of them common questions of law and facts are involved. S.B. Civil Writ Petition No. 2610 of 2004 Smt. Shanta Devi v. State of Rajasthan and others
(2.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 23.6.2004 with the prayer that by an appropriate writ, order or direction, the order dated 25.6.2002 (Annexure P-3) passed by the respondent No. 2 Director, Panchayati Raj Department, Government of Rajasthan, Jaipur by which four Hand Pump Mistri including the present petitioner were declared surplus from Panchayat Samiti, Banswara Headquarter Talwara and the petitioner was proposed to be transferred from Banswara District to Alwar District and further, the notice dated 28.5.2004 (Annexure P-6) issued by the respondent No. 4 Development Officer, Panchayat Samiti, Banswara by which the petitioner was to be transferred to Alwar, be quashed and set aside.
(3.) The case of the petitioner as put forward by her in this writ petition is as follows :- A project was launched by the Central Government, namely, "Swach Pariyojna" and the aim of the Project was to provide pure and clean drinking water to rural tribal people. The case of the petitioner is that under the said Project, many hand-pumps were dug and as per that Project, there were specific provisions for giving training of hand-pump mistri and for that, applications were invited and the petitioner submitted her application and she was selected and she had undergone six months' training of hand-pump mistri and after completion of training, through order Annexure P-1 dated 30.6.1993 passed by the respondent No. 4 Development Officer, Panchayat Samiti Banswara Hq. Talwara, the petitioner was given appointment on contract basis to repair ten hand-pumps situated at Panchayat Abbapura and as per order Annexure P-1, the petitioner was entitled to get Rs. 200/- per hand pump per year. The further case of the petitioner is that there were many hand pump mistries and since their services were not regularized, therefore, one Radhey Shyam Dhobi filed a writ petition before this Court seeking regularization of service as hand pump mistri and this Court directed that services of hand pump mistries be regularized and in pursuance of the order of this Court, the State Government passed order that services of those hand pump mistries appointed on contract basis, who had completed two years contract basis, who had completed two years contract with the State Government, be regularized and thereafter, the respondent No. 4 Development Officer, Panchayat Samiti, Banswara Hq. Talwara through order Annexure P-2 dated 22.1.1996 regularized the services of those persons, who had completed two years service as hand pump mistries on contract basis and fixed in the pay scale of Rs. 750-940 and in that order Annexure P-2, the name of the petitioner appeared at serial No. 22. Thereafter, the respondent No. 2 Director, Panchayati Raj Department, Government of Rajasthan, Jaipur passed order Annexure P-3 dated 25.6.2002 by which four Hand Pump Mistris including the present petitioner were declared surplus from Panchayat Samiti, Banswara Headquarter Talwara and the petitioner was proposed to be transferred from Banswara District to Alwar District. Aggrieved from the said order Annexure P-3 dated 25.6.2002, the petitioner filed a writ petition before this Court being S.B. Civil Writ Petition No. 2601/2002 and that writ petition was disposed of by this Court through order dated 29.8.2002 (Annexure P-7) in the following manner :- "Heard learned counsel. Learned counsel for the respondents has frankly submitted that the petitioner is not going to transfer in future. In view of above statement, the writ petition is disposed of. However, in case, in future, if petitioner is to be transferred, prior notice of one month be given to the petitioner." The further case of the petitioner is that the respondent No. 4 Development Officer issued notice Ex. P-6 dated 28.5.2004 to the petitioner mentioning therein that in compliance of the order of this Court (Annexure P-7) passed in S.B. Civil Writ Petition No. 2601/02, the petitioner was going to be transferred to Alwar meaning thereby before transferring, one month notice was given to the petitioner. In this writ petition, order Annexure P-3 dated 25.6.2002 and notice Annexure P-6 dated 28.5.2004 have been challenged by the petitioner and the main submissions of the petitioner are as follows :- (i) That in the impugned notice Annexure P-6, it has been wrongly mentioned that in compliance of the order of this Court (Annexure P-7 dated 29.8.2002), the petitioner was going to be transferred to Alwar from Banswara as there was no such direction in the order of this Court Annexure P-7 dated 29.8.2002. Hence, the impugned notice Annexure P-6 dated 28.5.2004 has become vitiated of containing those remarks. (ii) That the place "Alwar" is far away from Banswara, where the petitioner resides and she is a lady belonging to scheduled tribe category and she is a low paid employee and therefore, if she is transferred from Banswara to Alwar, a great hardship would be caused to her and on humitarian ground also, she should not be transferred to Alwar from Banswara. A reply to the writ petition was filed by the respondents and it was submitted by them that in compliance of the order of this Court dated 29.8.2002 (Annexure P-7), one month notice (Annexure P-6 dated 28.5.2004) prior to her transfer was served upon the petitioner and therefore, compliance of the order of this Court Annexure P-7 dated 29.8.2002 was made by the respondents and after expiry of period of one month notice Annexure P-6, the petitioner was relieved on 29.6.2004 to join her duties at Alwar. Hence, no interference is called for in this writ petition and the same deserves to be dismissed.;