Pravin Singh vs State Of Rajasthan
2021 Latest Caselaw 16078 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 14644/2021

Pravin Singh S/o Shri Babu Singh Sokanki, Aged About 52 Years,
R/o Village Sanwara, District Sirohi, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through The Secretary, Department
        Of Woman And Child Development, Government Of
        Rajasthan, Jaipur, Rajasthan.
2.      The Director, Integrated Child Development Services,
        Woman And Child Development Department, Jaipur,
        Rajasthan.
3.      The Deputy Director (Administration), Integrated Child
        Development Services, Woman And Child Development
        Department, Jaipur, Rajasthan.
4.      The Woman And Child Development Project Officer,
        Panchayat Samiti Jaswantpura, District Jalore, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mukesh Rajpurohit a/w Mr.
                                Prakash Raika
For Respondent(s)         :     Mr. Anil Kumar Gaur, AAG



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

23/10/2021

     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 petitioner submits that Junior

Assistants, working under the Department of Women and Child

Development, have been transferred to the Panchayati Raj

Department, pursuant to order dated 27.09.2021.



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                                        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.

                                            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.14964/2019).

                                        The matter requires consideration.

                                        Issue notice.

                                        Mr. Anil Kumar Gaur, learned AAG, is directed to accept

                                   notice on behalf of the respondents, which he accepts. Hence,

                                   service is complete.

                                        Learned AAG prays for and is granted six weeks' time to file

                                   reply.

                                        List this case after six weeks.

                                        Meanwhile,       effect    and      operation        of      the    order   dated

                                   27.09.2021 qua the petitioner shall remain stayed.



                                                                   (DR.PUSHPENDRA SINGH BHATI),J.

47-Sudheer/-

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