1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G E M E N T 1. CIVIL SPECIAL APPEAL [W] No.126/2010 [STATE OF RAJ. VS. RAM PAL SINGH & ORS.] 2. CIVIL SPECIAL APPEAL [W] No.403/2008 [STATE OF RAJ. & ANR. VS. BHANWAR SINGH BHATI & ANR.] 3. CIVIL SPECIAL APPEAL [W] No.1023/2008 [STATE OF RAJ. & ORS. VS. SMT.NATHIA DEVI & ANR.] 4. CIVIL SPECIAL APPEAL [W] No.1024/2008 [STATE OF RAJ. & ORS. VS. BHAGWANA RAM & ORS.] 5. CIVIL SPECIAL APPEAL [W] No.1025/2008 [STATE OF RAJ. & ANR. VS. KISHAN SINGH & ANR.] 6. CIVIL SPECIAL APPEAL [W] No.02538/2008 [STATE OF RAJ. & ANR. VS. RAMESHWAR LAL JYANI & ORS.] 7. CIVIL SPECIAL APPEAL [W] No.02539/2008 [STATE OF RAJ. & ORS. VS. DHARMENDRA KUMAR GEHLOT & ANR.] 8. CIVIL SPECIAL APPEAL [W] No.02542/2008 [STATE OF RAJ. & ORS. VS. PRAVEEN KUMAR JAIN & ANR.] 9. CIVIL SPECIAL APPEAL [W] No.02543/2008 [STATE OF RAJ. VS. RAM SINGH & ORS.] 10. CIVIL SPECIAL APPEAL [W] No.02547/2008 [STATE OF RAJ. & ORS. VS. ISRA RAM & ORS.] 11. CIVIL SPECIAL APPEAL [W] No.02548/2008 [STATE OF RAJ. & ORS. VS. NAJIR HUSSAIN & ORS.] 12. CIVIL SPECIAL APPEAL [W] No.02613/2008 [STATE OF RAJ. VS. KANHAI LAL] 13. CIVIL SPECIAL APPEAL [W] No.02616/2008 [STATE OF RAJ. & ORS. VS. MUKHTAYAR ALI] 2 14. CIVIL SPECIAL APPEAL [W] No.02617/2008 [STATE OF RAJ. VS. OM PRAKASH KALWA & ORS.] 15. CIVIL SPECIAL APPEAL [W] No.02801/2008 [STATE OF RAJ. & ORS. VS. SMT. VEER PAL KAUR] 16. CIVIL SPECIAL APPEAL [W] No.02802/2008 [STATE OF RAJ. & ANR. VS. BABU LAL CHAUHAN & ORS.] 17. CIVIL SPECIAL APPEAL [W] No.02806/2008 [STATE OF RAJ. VS. ROOP LAL KHATIK & ORS.] 18. CIVIL SPECIAL APPEAL [W] No.02807/2008 [STATE OF RAJ. VS. MANGI LAL KHATIK & ORS.] 19. CIVIL SPECIAL APPEAL [W] No.03064/2008 [STATE OF RAJ. VS. REMHNK KHAN] 20. CIVIL SPECIAL APPEAL [W] No.03066/2008 [STATE OF RAJ. VS. SMT. TARA SHARMA] 21. CIVIL SPECIAL APPEAL [W] No.03068/2008 [STATE OF RAJ. & ORS. VS. HAMIR SINGH LABANA] 22. CIVIL SPECIAL APPEAL [W] No.03070/2008 [STATE OF RAJ. VS. MANA RAM BISHNOI] 23. CIVIL SPECIAL APPEAL [W] No. 03071/2008 [STATE OF RAJ. VS. HARI RAM ] 24. CIVIL SPECIAL APPEAL [W] No.03092/2008 [STATE OF RAJ. VS. HARDAN JANNI & ANR.] 25. CIVIL SPECIAL APPEAL [W] No.03305/2008 [STATE OF RAJ. VS. KISHAN CHOUDHARY & ORS.] 26. CIVIL SPECIAL APPEAL [W] No.03306/2008 [STATE OF RAJ. VS. BAHGIRATH RAM ] 27. CIVIL SPECIAL APPEAL [W] No.03307/2008 [STATE OF RAJ. VS. URMILA PAREEK & ORS.] 28. CIVIL SPECIAL APPEAL [W] No.03475/2008 [STATE OF RAJ. & ANR. VS. SAGAR RAM] 3 29. CIVIL SPECIAL APPEAL [W] No.03476/2008 [STATE OF RAJ. VS. RADHA VIJAYVARGIYA & ANR.] 30. CIVIL SPECIAL APPEAL [W] No.03478/2008 [STATE OF RAJ. VS. SARASWATI PHOD & ORS.] 31. CIVIL SPECIAL APPEAL [W] No.03481/2008 [STATE OF RAJ. VS. LIYAKAT ALI & ORS.] 32. CIVIL SPECIAL APPEAL [W] No.04364/2008 [STATE OF RAJ. & ANR. VS. KAVITA MANVI & ORS.] 33. CIVIL SPECIAL APPEAL [W] No.04498/2008 [STATE OF RAJ. & ORS. VS. KANTA SHARMA & ORS.] 34. CIVIL SPECIAL APPEAL [W] No.2/2009 [STATE OF RAJ. & ANR. VS. BHARAT SINGH & ORS.] 35. CIVIL SPECIAL APPEAL [W] No.79/2009 [STATE OF RAJ. & ANR. VS. DEVA RAM & ORS.] 36. CIVIL SPECIAL APPEAL [W] No.80/2009 [STATE OF RAJ. & ANR. VS. BHURA RAM BERA & ORS.] 37. CIVIL SPECIAL APPEAL [W] No.130/2009 [STATE OF RAJ. & ORS. VS. RAM PAL & ANR.] Date of order : 21.07.2010 HON'BLE MR.JUSTICE PRAKASH TATIA HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr.Anand Purohit Addl. Advocate General assisted by Mr.Pradhyuman Singh. ***** Since in these special appeals, there is common question of law and facts are involved, therefore, all these special appeals are being decided by this common order. 4 Learned Addl. Advocate General on behalf of State submitted that transfer orders in relation to the petitioners from one place of posting to another within the same Panchayat Samiti have been passed and those were challenged by preferring several writ petitions. All those writ petitions were decided by the learned Single Judge by impugned judgement dated 18.02.2008. The learned Single Judge held that transfer orders were issued contrary to provisions of law and without power or authority of law. Impugned transfer orders were of the Year 2007 and almost three years have passed to those transfer orders. Learned Addl. Advocate General submitted that thereafter some amendments were made in law, empowering the State Government to issue such transfer orders. Learned Addl. Advocate General, therefore, frankly stated that in view of the change circumstances if there be any need of transfer of employees, the Competent Authority will pass appropriate order of employees as per requirement of the administrative exigency only. The competence of the authority in passing order since after amendment of law is not subject matter before this Court and cannot be because of the reason that orders under challenge were passed in the Year 2007 and according to learned Addl. Advocate General the 5 law was amended thereafter, therefore, we do not find any reason to interfere in the impugned judgment, however, we again make it clear that the transfer orders if needed in administrative exigencies then only the Competent Authority under law may pass transfer orders and not only because of this order. With above observations, these special appeals are disposed of. (KAILASH CHANDRA JOSHI ), J. (PRAKASH TATIA), J. /mamta/