1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Dharm Pal Morya Vs. State of Raj. & Ors. S.B.CIVIL WRIT PETITION NO.5579/2005 Date of Order : : 15/09/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.S.D.Vyas, for the petitioner. Mr.Alkesh Aggrawal, Dy.Govt.Counsel for the respondents. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the transfer order Annexure-2 dated 11th July, 2005 qua the petitioner as also the order of Appellate Tribunal Annexure-5 dated 11th August, 2005. Heard learned counsel for the parties. By order Annexure-2, the petitioner was transferred from Panchayat Samiti Sri Ganganagar to Panchayat Samiti Dhorimanna, District Barmer on the administrative ground. That order came to be challenged by the petitioner by way of an appeal before the Rajasthan Civil 2 Service Appellate Tribunal. By Annexure-5 dated 11th August, 2005, the appeal filed by the petitioner and three others came to be dismissed. Hence, this writ petition. At the time of admission, it was contended by learned counsel for the petitioner that under the provisions of Rule 290 (2) of the Rules of 1996 (for short “the Rules of 1996”), there is pre-requisite condition for effecting transfer from one Zila Parishad to another that there must be vacant post in existence, whereas there is no vacant post of Gram Sewak at Panchayat Samiti Dhorimanna, District Barmer and thus, the transfer fo the petitioner is against the provisions of Rule 290 (2) of the Rules of 1996. An additional affidavit has been filed by the respondent-State annexing therewith an order dated 3rd April, 2007 passed by Vikas Adhikari, Panchayat Samiti, Dhorimanna stating therein that against the 47 sanctioned posts of Gram Sevak in Dhorimanna as on 11.7.2005, 36 posts of Gram Sevak were filled in and 11 posts were lying vacant and the State Government by Annexure-2 dated 11th July, 2005, transferred the petitioner from Panchayat Samiti, Sri Ganganagar to Panchayat Samiti, Dhorimanna against the existing vacant posts. From the document annexed with the additional affidavit, it appears that as many as 11 posts of the Gram 3 Sewak at Panchayat Samiti, Dhorimanna were lying vacant on 11.7.2005, at the time of order transferring the petitioner Gram Sewak at Panchayat Samiti, Dhorimanna and, therefore, it cannot be said that there were no posts lying vacant at the Panchayat Samiti, Dhorimanna. Thus, in my view there is no violation of provision of Rule 290(2) of the Rules of 1996. It is not disputed that the State has power to transfer any employee of the service from one Panchayat Samiti to another Panchayat Samiti within the same district or outside it, and from one Zila Parishad to another Zila Parishad. In the circumstances, therefore, the order impugned transferring the petitioner cannot be said to be contrary to provisions of law. It is settled law that transfer is the incident of service and no employee can insist and claim to be remained at one place during his service, therefore, in the circumstances, I find no error in the order Annexure-2 as also the order passed by the Civil Service Appellate Tribunal in an appeal filed by the petitioner. The writ petition is devoid of merit and, therefore, dismissed. Interim order passed by this Court on 22.9.2005 is vacated. Stay petition stands dismissed. (H.R.PANWAR), J. NK