CWP 12070/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No. 12070/2009 Abid Ali Versus Rajasthan Civil Services Appellate Tribunal & ors. DATE OF ORDER : 09/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Ms. Nidhi Sharma, for petitioner *** Petitioner, who is working as Teacher Grade III, was earlier transferred from Government Upper Primary School, Boli, District- Sawaimadhopur to Munda, Panchayat Samiti- Khandar (Sawaimadhopur) for administrative reasons vide order dated 28/06/2008 which was challenged by him before the Tribunal. However, the learned Tribunal, while disposing of the appeal, observed and directed him to make a representation. The representation filed by him, has been rejected by the State Government vide its order dated 21st August, 2009 taking note of the report sent by the District Education Officer wherein it was observed that the students' strength of teaching Urdu is nil in the institute where the petitioner was earlier posted. However, it was considered appropriate to modify the order and place him at Panchayat Samiti, Makholi (Sawaimadhoopur) which was challenged by the petitioner by filing Appeal NO. 704/2009 which was rejected by the Tribunal CWP 12070/09 [2] on 07/09/2009. It has been considered by the Tribunal that the petitioner is now posted at the distance of 100 Kilometers within the District- Sawaimadhopur and as per the report of the District Education Officer, the students' strength is nil of teaching Urdu and found no justification to interfere in the order of transfer impugned dt. 21st August, 2009. Counsel submits that before the petitioner was transferred from one Panchayat Samiti to other, prior consent of the Panchayat Samityi was not obtained. In the opinion of this Court, the submission is without merit for the reason that the order impugned has been passed by the State Government which holds its competence under Section 89(8A) of the Rajasthan Panchayati Raj Act, 1994 and before passing such an order, no consent of the Panchayat Samiti or Zila Parishad is required under law. Consequently, I find no substance in the instant petition and the same is accordingly dismissed. [AJAY RASTOGI], J. Raghu-12070-cw-2009-final.doc