B.S. Chauhan, J. - (1.) The instant writ petition has been filed for quashing the impugned transfer order dated 4-7-1998 (Annexure-2), by which the petitioner, an Upper Division Clerk in Panchayat Samiti, Kuchaman City, district Nagaur, has been transferred to Zila Parishad, Pali.
(2.) The facts and circumstances giving rise to this case are that the petitioner had been working as an Upper Division Clerk in Panchayat Samiti, Kuchaman City, Zila Parishad, Nagaur and by the said impugned order, he has been transferred to Zila Parishad, Pali. The grounds of challenge are purely on interpretation of the statutory provisions. Mr. M.C. Bhoot has urged only following two grounds : the statutory provisions do not permit to transfer the employees of the Panchayat Samiti of one district to the Zila Parishad of another district: and (ii) an employee of a Panchayat Samiti or Zila Parishad can be transferred by the State Government to another Panchayat Samiti or Zila Parishad either on his own request, or on the recommendation made by the Panchayat Samiti or Zila Parishad and State Government cannot pass the transfer order suo motu. To fortify his submissions, Mr. Bhoot has referred to and relied upon the relevant statutory provisions of the Rajasthan Panchayati Raj Act, 1994 (hereinafter called "the Act") and the Rajasthan Panchayati Raj Rules, 1996 (hereinafter called "the Rules"), which read as under : "89. Constitution of the Rajasthan Panchayat Samiti and Zila Parishad Service. There shall be constituted for the State service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service and hereafter in this section referred to as the service and recruitment thereto shall be made district-wise. (2) The service may be divided into different categories, each category being divided into different grades, and shall consist of ........ (iv) ministerial establishment (except Accounts and Junior Accountants). (5) All appointments to posts in the service shall be ......................... (c) by transfer. (8) Appointments by (i) promotion shall be made by the Panchayat Samiti or the Zila Parishad, as the case may be, in the prescribed manner from amongst the persons whose names have been entered in the list prepared by the District Establishment Committee; and (ii) transfer shall be made after consultation with the Pradhans or the Pramukhs, as the case may be, of the Panchayat Samitis or the Zila Parishads from and to which such transfer is proposed to be made. (8-A). Notwithstanding anything contained in sub-section (8), the State Government may transfer any member of the service from one Panchayati Samiti to another Panchayat Samiti, whether within the same district or outside it, from one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti to a Zila Parishad or from a Zila Parishad to a Panchayat Samiti, and may also stay the operation of, or cancel, any order of transfer made under sub-section (8) or the rules made thereunder." (Emphasis added). Rule 290. Transfer outside the district. - (1) The name of the employee desiring transfer or desired to be transferred from one district to another shall be communicated to the Director by the Panchayat Samiti or the Zila Parishad, as the case may be. (2) Posting by transfer of such an employee shall be made by the Panchayat Samiti or the Zila Parishad concerned on the recommendation of the State Government against the vacant posts existing at such time. The State Government may transfer any member of service from one Panchayat Samiti to another Panchayat Samiti within the same district or outside it, from one Zila Parishad to another Zila Parishad, or from Panchayat Samiti to Zila Parishad or from a Zila Parishad to Panchayat Samiti, and may also stay the operation of, or cancel, any order of transfer made under these rules. Chief Executive Officer of Vikas Adhikari concerned shall carry out such orders. (3) On transfer of an employee, his confidential roll and service record will be transmitted without avoidable delay to the Panchayat Samiti/Zila Parishad to whom his services have been transferred. Rule 291. Seniority on transfer. - Seniority of an employee transferred outside the district, by the State Government under sub-section (8-A) of Section 89, shall be determined by the Committee of the District to which he is transferred : (i) if the transfer is made on the request of the employee, his seniority shall be fixed at the bottom of the seniority list of the cadre to which he belongs; and (ii) if the transfer is made on administrative or other reasons, his seniority shall be fixed on the basis of his continuous length of substantive service on an analogous post."
(3.) Mr. Bhoot has contended that the language of the aforesaid provisions of the Act and the Rules is quite clear that an employee of a Panchayat Samiti can be transferred to the Panchayat Samiti of the same district, or another district, or to the Zila Parishad of the same district but an employee of a Panchayat Samiti cannot be transferred to the other Zila Parishad, for the reason that in the second part of sub-section (8-A) the words "whether within the same district or outside it" have not been incorporated by the legislature. Therefore, these provisions can be interpreted only by holding that an employee of a Panchayat Samiti cannot be transferred to another Zila Parishad. Mr. Bhoot has submitted that while interpreting the statutory provisions, it is not permissible for the Court to add or substract any words in the statutory provisions and it has to be read and given a plain meaning to the provision.;