Petitioners challenged their transfer between Panchayat Samitis without Pradhan consent. This Court allowed petitions and quashed impugned orders by following Ikbal Singh and Kishan Saini principles.
The impugned order dated 19.10.2022 qua all petitioners is quashed. Stay applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:24960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Civil Writ Petition No. 16414/2022
Laxman Lal Meena S/o Shri Dal Chandra Meena, Aged About 36 Years, R/o Ward No. 7, Viraeefala, Kalibheet, Lasadiya, Udaipur (Raj.) At Present Working As Junior Assistant, Gram Panchayat Lakukaleva, Panchayat Samiti Lasadiya, Udaipur (Raj.).
----Petitioner
Versus
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 16416/2022
Devi Lal Meena S/o Shri Bheraji Meena, Aged About 41 Years, R/ o Ward No. 9, Mahudifala, Ghata, Dhamniya, Lasadiya, Udaipur (Raj.) At Present Working As Junior Assistant, Gram Panchayat Dhamaniya, Panchayat Samiti Lasadiya, Udaipur (Raj.).
----Petitioner
Versus
----Respondents
(3) S.B. Civil Writ Petition No. 17862/2022
Laxman Prasad Meena S/o Shri Khairu Lal, Aged About 46 Years, R/o 53, Bahubali Colony Boara Ganesh Ji Marg Udaipur (Raj.).
----Petitioner
Versus
(2 of 3) [CW-16414/2022]
[2023:RJ-JD:24960]
----Respondents
| For Petitioner(s) | : Mr. Narpat Singh Rajpurohit |
|---|---|
| Mr. J.S.Bhaleria | |
| For Respondent(s) | : Mr. Kunal Upadhyay for |
| Mr. Sunil Beniwal,AAG |
JUSTICE DINESH MEHTA
Order
07/08/2023
(3 of 3)
[2023:RJ-JD:24960]
[CW-16414/2022]
writ petitions are also allowed, as the consent of Pradhan of the concerned Panchayat Samiti was not obtained.
(DINESH MEHTA),J
256-258-akansha/-
3 issues framed by the court
Whether transfer of employees without Pradhan's consent is maintainable
Whether impugned transfer orders are legally sustainable
Whether previous judgments support quashing of unauthorised transfers
Colour shows how this judgement treated each authority
Ikbal Singh Vs. State of Rajasthan & Ors.Relied on¶36
Ikbal Singh Vs. State of Rajasthan : S. B. Civil Writ Petition No.11472/2021
Kishan Saini Vs. State of Rajasthan & Ors.Relied on¶36
Kishan Saini Vs. State of Rajasthan : S. B. Civil Writ Petition No. 11358/2021
1 provisions across 1 enactments
Laxman Lal Meena
Devi Lal Meena
Laxman Prasad Meena
State Of Rajasthan
Chief Executive Officer, Zila Parishad, Udaipur
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
