IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH ENG w.P. (S) No. / /201O PETITIONER : Smt. Pratima Dwivedi w/o Shri S. P. Dwivedi, Aged about 41 years, Occupation- Asstt. Account Officer, Janpad Panchayat Rajnandgaon (CG) R/o Punam Collony Opposite of Anand Mangal Bhawan Rajnandgaon (C.G.) 1. State of Chhaftisgrh, Through — The Secretary, Panchayat and Gramin Vikas Department, D.K.S. Bhawan, Raipur (C.G.) 2. The Collector ( Panchayat ), District - Rajnandgaon (C.G.) 3. Chief Executive Officer, District Panchayat Rajnandgaon Distt. - Rajnandgaon (C.G.) 4. > Chief Executive Officer, Janpad Panchayat Dongargaon Distt. / Ra}nandgaon(CG). 5. Chief Executive Officer, Janpad Panchayat Rajnandgaon Distt. Rajnandgaon (CG) CLE 226 OF THE CONSTITUTION OF INDIA ,, WRIT PETITION UNDER ARTI HIGH COURT OECHHATTISGARH : BILASPUR WRIT PETITION (S)_‘NO. 5840 OF 2010 Smt. Pratima Dwivedi Versus State of Chhattisgarh & Others (Wnt Petition under Article 226 of the Constitution of India) Single Bench Hon ble Shn Satlsh K Agmhotn J PETITIONER RESPONDENTS Present .-' Shn Vlpln Tlwan, Advocate for the petmoner Shn P K Bhadun Panel Lawyer for the State Shn M P S Bhatra Advocate for the respondent No 5 ORDER ORAL (Passed an 16' day of March, 2011) Leamed counsel appearing for thexpetitionerr submits that the order dated 29.9.2010 (Annexure P-6), canceling the earlier order dated 15.7.2010 (Annexure P-3), whereby the petitioner was transferred from Janpad Panchayat Dongargaon to Janpad Panchayat Rajnandgaon, is vitiated.‘ The“ subsequent- impugned :order dated 29.9.2010. has. canceledkthe earlier order dated 15.7.2010, which was passed in accordance withlaw. Thus, the order dated 29.9.2010, may be quashed r Shrl Bhadurl learned Panel Lawyer forthe State respondents submrts that the frst order dated 15 7 201 0 (Annexure P-3) was contrary to the ' provisions of Rules 27 of the Chhattis‘garh Pachayat Service (Recruitment And General Conditions Servrces) Rules 1999 (hereinafter referred to as the Rules 1999’), and as such the said order was nghtly canceled subsequently on 2992010 (Annexure t Shrl Bhatia, learned counsel appearing for the Janpad Panchayat ‘ Rajnandgaon, also sabmits that the Rule 27 of Rules, 1999, provides for transfer from one Janpad Panchayat to anotherJanpad Panchayat only on mutual basis Without consent of the transferee Janpad > Panchayat no transfer can be made by the Chief Executive Officer Jlla Panchayat -l have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto, as well as the rovisions oflaw. p v XV V‘Rule 27 of Rules, 1999, is crystal clear, which provides for mutual consent of both the Janpad Panchayats before transferring an _ employee from one Janpad Panchayat to another Janpad Panchayat The contention of learned counsel for the petltroner that since the _ Janpad Panchayat Ralnandgaon permitted the petrtroner to Jom the place there was Implied consent of the Janpad Panchayat RaJnandgaon and they ought to have opposed the same at the relevant time or ought to have declrned lotning of the petrttoner In Janpad Panchayat Ratnandgaon Is rejected The petitioner by jormng the Janpad Panchayat Rajnandgaon does not acquire any nght or It cannot be held that the prowsmns of statutory Rule 27 of Rules 1999 can be waived or acquiesced by - Janpad Panchayat, Rajnandgaon The Janpad Panchayat Rajnandgaon has taken categorical stand that the order dated 15.7;2010 (Annexure P-3), whereby, the petitioner was transferred from Dongargaon to Rajnandgaon was not in accordance with law. hus, the order was void ab‘ initio and it’was rightly canceled subsequently by the impugned order dated 299.2010 ‘(Annexure P-S). Having regard to the above stated facts, l did not find any reason or any force in the ,argumentsof the learned counsel appearing for the petitioner. The consequent order dated 29.9.2010 (Annexure P-6) canceling theearlier order dated 15.7.2010 (Annexure P-3) was rightly passed in accordance with law. Accordingly, the writ petition is dismissed. Nc order asto costs. ll Sd/ 1 Satish K A.gnihotri Judge ii . T