Shankar Lal vs State Of Rajasthan
2021 Latest Caselaw 12307 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10313/2021

Shankar Lal S/o Manphool Singh, Aged About 31 Years, Village Jagsari Bari, Post Mundriabara, Tehsil Bhadra, District Hanumangarh (Raj.). Presently Working As Pre-Primary Education Teacher At Ananganbari Center, Jogiwala-C, Bhadra, District Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Women And Child Development, Government Secretariat, Jaipur, Rajasthan.

2. The Director (Admn.), Integrated Child Development Services, Department Of Women And Child Development, Rajasthan, Jaipur.

3. The Dy. Director (Admn.), Integrated Child Development Services, Department Of Women And Child Development, Rajasthan, Jaipur.

4. The Dy. Director, Department Of Women And Child Development, Hanumangarh.

5. The Child Development Project Officer, Integrated Child Development Service, Department Of Women And Child Development, Bhadra, District Hanumangarh.

6. The Principal Secretary, Department Of Rural Development And Panchayati Raj, Government Secretariat, Rajasthan, Jaipur.

7. Nirmala, Through Aanganbari Center, Gangliyawas, Sam, District Jaisalmer.

                                                                      ----Respondents


For Petitioner(s)              :     Mr. Manjeet
For Respondent(s)              :     Mr. A.G. Vyas for
                                     Mr. A.K. Gaur, AAG



                         JUSTICE DINESH MEHTA

                                         Order

06/08/2021


                                                                                (2 of 2)                 [CW-10313/2021]

1. Learned counsel for the petitioner submits that education at

Pre-Primary level and teachers, working under the Department of

Women and Child Development, have been transferred to the

Panchayati Raj Department, pursuant to order dated 02.10.2010.

2. He argues that according to the provisions of Rule 8 of the

Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011,

petitioner cannot be subjected to transfer by the parent

department, i.e., Department of Women and Child Development

and in the case of inter-district transfer, consent of Panchayati Raj

Department is necessary.

3. In the backdrop of above noted facts, learned counsel argues

that the impugned transfer is contrary to the judgment of this

Court dated 15.01.2020, rendered in the case of Kiran Kumari Vs.

State & Ors. (SBCWP No.14964/20190.

3. The matter requires consideration.

4. Issue notice. Issue notice of stay application also.

5. Mr. Anupam Gopal Vyas, associate to Mr. A.K. Gaur, AAG,

accepts notice on behalf of the respondents and prays for and

granted four weeks' time to file reply.

6. List accordingly.

7. Meanwhile, effect and operation of the impugned order dated

03.08.2021 shall remain stayed qua the petitioner.

(DINESH MEHTA),J 229-Rahul/-

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