Chhagan Singh vs The State Of Rajasthan ...
2025 Latest Caselaw 8153 Raj

Citation : 2025 Latest Caselaw 8153 Raj
Judgement Date : 3 March, 2025

Rajasthan High Court - Jodhpur

Chhagan Singh vs The State Of Rajasthan ... on 3 March, 2025

[2025:RJ-JD:11647]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 5159/2025

Chhagan Singh S/o Shri Gokul Singh, Aged About 59 Years,
Resident Of Gokul Singh Ki Dhani, Chooli Barmer.
                                                                         ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through Its Secretary, Rural
         Development             And       Panchayati           Raj      Department,
         Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2.       The    Chief     Executive        Officer,      Zila       Parishad   Barmer,
         Rajasthan.
3.       The Block Development Officer, Panchayat Samiti Gadra
         Road, District Barmer.
                                                                      ----Respondents


For Petitioner(s)            :     Ms. Divya Bapna for
                                   Mr. Ankur Mathur
For Respondent(s)            :



               HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

03/03/2025

1. Petitioner herein, working as Village Development Officer, is

before this Court assailing an order dated 15.01.2025 (Annex.1)

passed by respondent No.2, vide which he has been transferred

from Panchayat Samiti Bandhda to Panchayat Samiti, Tamlore.

2. Learned counsel for the petitioner inter-alia contends that

not only there is gross violation of Section 89 of the Rajasthan

Panchayati Raj Act, 1994 but also that of judgment rendered by

this Court in Kera Ram vs. State of Rajasthan & Ors.: S.B. Civil

Writ Petition No.2909/2024 decided on 30.04.2024.

[2025:RJ-JD:11647] (2 of 2) [CW-5159/2025]

3. Whether or not Section 89 Sub-section 8(ii) of the Act of

1994 is mandatory or not is not res integra any more in view of

the catena of judgments rendered by this Court from time to time.

Illustratively, reference may be had to judgment rendered in

Mohan Lal Gurjar Vs. State of Rajasthan & Ors. : S.B. Civil Writ

Petition No. 13248/2009, decided on 15.12.2010 by this Court at

Jaipur Bench read with judgment rendered in Kera Ram, ibid,

particularly in the concluding part thereof where transfer

guidelines were framed. For ready reference, guideline No.VII

therein, reads as under:-

"(VII). Section 89(8)(ii) of the Act, 1994 mandates that a Zilla Parishad can transfer an employee from a Panchayat Samiti only after consulting the Pradhans or Pramukhs of the respective Panchayat Samitis or Zilla Parishads involved in the transfer."

4. In view of the aforesaid, since it is a conceded position that

no consultation was sought from the Pradhan before passing the

transfer order of the petitioner from one Panchayat Samiti to the

other Panchayat Samiti, the impugned transfer order, qua the

petitioner, does not stand scrutiny of law and is accordingly set

aside.

5. In the premise, the instant writ petition is allowed.

6. However, liberty is granted to the respondents that in case,

work exigency so warrants, fresh order may be passed in

accordance with Section 89 of the Act of 1994 read with the

judgment rendered in Kera Ram ibid.

7. Pending application(s), if any, stand(s) disposed of.