Rajasthan High Court - Jodhpur

Sharma Meena vs State Of Rajasthan on 20 October, 2021

Bench: Pushpendra Singh Bhati

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13567/2021

Ashok Kumar S/o Net Ram, Aged About 45 Years, Galad, Rajgarh, Churu, Rajasthan. (Presently Working As Gram Vikas Adhikari, Gram Panchayat Bhansali, Panchayat Samiti Rajgarh, District Churu)

----Petitioner Versus

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

2. The Deputy Secretary-Cum-Deputy Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Churu.

4. The Development Officer, Panchayat Samiti Rajgarh, District Churu.

----Respondents Connected With S.B. Civil Writ Petition No. 13533/2021 Sandeep Kumar S/o Shri Karan Singh, Aged About 38 Years, R/o Paharsar, Rajgarh, Churu, Rajasthan. (Presently Working As Junior Assistant, Panchayat Samiti, Rajgarh, District Churu).

----Petitioner Versus

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

2. The Deputy Secretary-Cum-Deputy Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Churu.

4. The Development Officer, Panchayat Samiti, Rajgarh, District Churu.

----Respondents S.B. Civil Writ Petition No. 13566/2021 Rakesh Kumar S/o Kanhi Ram, Aged About 28 Years, Thirpali

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Chhoti, Rajgarh, Churu, Rajasthan. (Presently Working As Gram Vikas Adhikari, Gram Panchayat Nuhand, Panchayat Samiti Rajgarh, District Churu)

----Petitioner Versus

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

2. The Deputy Secretary-Cum-Deputy Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Churu.

4. The Development Officer, Panchayat Samiti Rajgarh, District Churu.

----Respondents S.B. Civil Writ Petition No. 13571/2021 Darshan Kumar S/o Late Vidyadhar, Aged About 30 Years, Hamirwas, Rajgarh, Churu, Rajasthan. (Presently Working As Junior Assistant, Panchayat Samiti Rajgarh, District Churu)

----Petitioner Versus

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

2. The Deputy Secretary-Cum-Deputy Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Churu.

4. The Development Officer, Panchayat Samiti Rajgarh, District Churu.

----Respondents S.B. Civil Writ Petition No. 13587/2021 Narayan Singh S/o Dhanpat Ram, Aged About 43 Years, Bhimsana, Rajgarh, Churu, Rajasthan. (Presently Working As Gram Vikas Adhikari, Gram Panchayat Sidhmukh, Panchayat Samiti Rajgarh, District Churu)

----Petitioner Versus

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

2. The Deputy Secretary-Cum-Deputy Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Churu.

4. The Development Officer, Panchayat Samiti Rajgarh, District Churu.

----Respondents S.B. Civil Writ Petition No. 13612/2021 Onkar Singh S/o Shri Sawai Singh, Aged About 57 Years, Resident Of Village- Changoi, Tehsil- Taranagar, District- Churu (Rajasthan).

----Petitioner Versus

1. The State Of Rajasthan, Through Deputy Commissioner And Deputy Secretary (Second), Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

2. Chief Executive Officer, Zila Parishad, Churu.

3. The Development Officer, Panchayat Samiti- Taranagar, Churu, District- Churu.

----Respondents S.B. Civil Writ Petition No. 13627/2021 Rishi Kumar Sharma S/o Rekharam Sharma, Aged About 41 Years, Village Satyun, Tehsil Taranagar, District Churu (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Deputy Commissioner And Deputy Secretary (Second), Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

2. Chief Executive Officer, Zila Parishad Churu

3. The Development Officer, Panchayat Samiti Taranagar, Churu, District Churu.

                                                                  ----Respondents





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S.B. Civil Writ Petition No. 13648/2021 Dashrath Yadav S/o Manohar Lal, Aged About 55 Years, Ward No.7, Swami Mohalla, Taranagar, District Churu (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Deputy Commissioner And Deputy Secretary (Second), Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

2. Chief Executive Officer, Zila Parishad Churu

3. The Development Officer, Panchayat Samiti Taranagar, Churu, District Churu.

----Respondents S.B. Civil Writ Petition No. 13733/2021 Hartej Singh Hundal S/o Shri Gurbax Singh, Aged About 56 Years, R/o 4-E, 366, Jnv Colony, Bikaner District - Bikaner (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

2. The Deputy Commissioner And Deputy Secretary (Ii), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Bikaner.

4. The Vikas Adhikari, Panchayat Samiti, Bikaner, District Bikaner.

----Respondents S.B. Civil Writ Petition No. 13773/2021 Himmat Singh S/o Shri Guman Singh, Aged About 54 Years, Barasalpur, Bajju, Bikaner, Rajasthan (Presently Working As Village Development Officer / Gram / Gram Sewak, Gram Panchayat Raowala, Panchayat Samiti, Bajju, District Bikaner).

----Petitioner Versus

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

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2. The Deputy Secretary-Cum-Deputy Commissioner (Ii), Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

3. The Additional Chief Executive Officer, Zila Parishad, Bikaner.

4. The Development Officer, Panchayat Samiti Bajju, District Bikaner.

----Respondents S.B. Civil Writ Petition No. 13939/2021 Sarita Meena W/o Shri Pawan Kuamr Meena, Aged About 37 Years, R/o Village Sarsiya, Tehsil Jahajpur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

2. The Additional Commissioner Cum Joint Secretary (Ii), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Bhilwara.

4. The Vikas Adhikari, Panchayat Samiti, Jahajpur, District Bhilwara.

----Respondents S.B. Civil Writ Petition No. 13950/2021 Poonam Chouhan W/o Shri Sajjan Singh Chouhan, Aged About 39 Years, P.no. 5, New Shah Colony, Tehsil Kekri, District Ajmer, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

2. The Additional Commissioner Cum Joint Secretary (Ii), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad, Bhilwara.

4. The Vikas Adhikari, Panchayat Samiti, Jahajpur, District

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Bhilwara.

----Respondents S.B. Civil Writ Petition No. 14007/2021 Vimla Kumari Meena W/o Shri Ramesh Chand Meena, Aged About 36 Years, R/o Village Chanda Dand, Post Intunda, Tehsil Jahajpura, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

2. The Additional Commissioner Cum Joint Secretary (Ii), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Bhilwara.

4. The Vikas Adhikari, Panchayat Samiti, Jahajpura, District Bhilwara.

----Respondents S.B. Civil Writ Petition No. 14038/2021 Sharma Meena W/o Shri Bheemraj Meena, Aged About 32 Years, R/o Village Bakhera, Tehsil Jahajpur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

2. The Additional Commissioner Cum Joint Secretary (Ii), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Bhilwara.

4. The Vikas Adhikari, Panchayat Samiti, Jahajpur, District Bhilwara.

----Respondents S.B. Civil Writ Petition No. 14050/2021 Rameshwar Lal Meena S/o Shri Ramdev Meena, Aged About 48 Years, Village Kuradiya, Tehsil Jahajpur, District Bhilwara, Rajasthan.

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                                                                   ----Petitioner
                                  Versus

1. State Of Rajasthan, Through Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

2. The Additional Commissioner And Joint Secretary (Ii), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer Zila Parishad, Bhilwara.

4. The Vikas Adhikari, Panchayat Samiti, Jahajpur, District Bhilwara.

5. The Vikas Adhikari, Panchayati Samiti, Bijoliya, District Bhilwara.

----Respondents S.B. Civil Writ Petition No. 14133/2021 Mahendra Kumar Meena S/o Ratan Lal Meena, Aged About 33 Years, Sarsiya, Jahajpur, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Jaipur.

2. The Director, Panchayati Raj Department, Jaipur.

3. The Zila Parishad Bhilwara, Through Its Chief Executive Officer.

----Respondents S.B. Civil Writ Petition No. 14136/2021 Phool Singh Meena S/o Bheru Lal, Aged About 36 Years, Lohari Kallan, Tehsil Jahajpur, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Jaipur.

2. The Director, Panchayati Raj Department, Jaipur.

3. The Zila Parishad Bhilwara, Through Its Chief Executive Officer.

                                                                ----Respondents




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S.B. Civil Writ Petition No. 14157/2021 Mahaveer Teli S/o Sh. Suraj Mal, Aged About 39 Years, Resident Of Piplod, Tehsil Jahajpur, Dist. Bhilwara.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Jaipur.

2. The Director, Panchayati Raj Department, Jaipur.

3. The Zila Parishad, Banswara Through Its Chief Executive Officer.

----Respondents S.B. Civil Writ Petition No. 14160/2021 Bahadur Singh S/o Shri Sodan Singh, Aged About 52 Years, Resident Of Mansingh Ji Ka Kheda, Post Veet Via Kotari, District Bhilwara.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Jaipur.

2. The Director, Panchayati Raj Department, Jaipur.

3. The Zila Parishad, Banswara Through Its Chief Executive Officer.

----Respondents

For Petitioner(s) : Mr. Vikas Bijarnia Mr. Awar Dan Ujjwal Mr. J.S. Bhaleria Mr. A.R. Godara Mr. Manish Patel Mr. Sushil Solanki For Respondent(s) : Mr. Sunil Beniwal, AAG with Mr. Utkarsh Singh Mr. Manish Tak

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

20/10/2021

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In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

Learned counsel for the parties fairly submit that the

controversy in question is covered by the judgment rendered by a

coordinate Bench of this Court in Chandra Kant Vs. State of

Rajasthan & Anr. (S.B. Civil Writ Petition No.14638/2019)

and other connected writ petitions decided on 20.01.2020,

relevant of which reads as follows:

"29. Upshot of above discussion is: all these writ petitions are allowed; the impugned orders (dated 26.9.2019; 28.9.2019and 29.9.2019) qua each of the petitioners are hereby quashed.

30. Needless to observe that quashment of these orders will not preclude the State from transferring these petitioners, in case it is felt that administrative exigency warrants petitioners to be transferred. State, if so desired, can pass fresh transfer orders qua these petitioners, however, while clearly giving out place of posting; instead of leaving the petitioners at the discretion/mercy of Chief Executive Officers.