CWP 13061/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH (1)S.B. Civil Writ Petition No. 13061/2009 Ramesh Chand Sharma Versus . Rajasthan Civil Services Appellate Tribunal & another (2)S.B. Civil Writ Petition No. 13062/2009 Ram Swaroop Sharma Versus . Rajasthan Civil Services Appellate Tribunal & another (3)S.B. Civil Writ Petition No. 13088/2009 Krishna Ram Sharma Versus . Rajasthan Civil Services Appellate Tribunal & another DATE OF ORDER : 21/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Jainendra Jain, for petitioners *** Since common order of transfer is under challenge in all the three writ petitions, the same are being decided jointly by this order. All the three petitioners, who are working as Gram Sewak, were transferred by a common order dated 18th September, 2009 by the State Government in exercise of its powers conferred under Section 89(8-A) of the Rajasthan Panchayati Raj Act, 1994 read with Rule 290(2) of the Rajasthan Panchayati Raj Rules, 1996 from one Panchayat Samiti to another in different district against which separate appeals were filed by the respective petitioner and they were rejected by a common order dated /08.10.2009/09.10.2009. Counsel for petitioner submits that they have CWP 13061/09 [2] been transferred at a distance of more than 500 kilometers and they being low paid employees such transfers cannot be said to be in the interest of administration. It appears from the order impugned dt. 18/09/2009 that the petitioners have been transferred for administrative reasons as depicts from the order itself. As per petitioners' own saying that they remained posted in the respective Panchayat Samity from which they have been disturbed and transferred for a sufficient long time either from the date of initial appointment or after sometime thereafter. The only contention, which has been advanced by the petitioners before the Tribunal, was that before passing the order impugned, prior consent from the concerned Panchayat Samities has not been obtained and, as such, the very order transferring the petitioner is not legally sustainable. This submission is of no substance and the same has also been considered by the Tribunal. The order impugned being passed by the State Government in exercise of powers under Section 89(8-A) of the act does not require to take consent from the concerned Panchayat Samiti or Zila Parishad, as the case may be as contemplated under the Rajasthan Panchayat Raj CWP 13061/09 [3] Rules, 1996. So far as the submission made by counsel for petitioners that they have been transferred at the distance of more than 500 kilometers is concerned, suffice it to say that they are holding transferable post and even if they are low paid employees, since they have been transferred for administrative reasons, as already observed, by the State Government which holds competence to pass the order impugned, the plea raised has no substance. The learned Tribunal has also considered the submissions raised by the petitioners in detail but did not find favour. This Court has also gone through the order impugned passed by the Tribunal and does not find any manifest error which may call for any interference. Consequently, the writ petitions have no merit and the same are accordingly dismissed. [AJAY RASTOGI], J. Raghu-13061-CW-2009-final.doc