M. RAMA JOIS, J. ( 1 ) 1. The petitioner, a Supervisor on the establishment of Siddapur Mandal Panchayat. Uttara Kannada District, has presented this writ petition questioning the legality of the order of the first respondent, chief Secretary, Zilla Parishad, uttara Kannada, District Karwar, transferring him from Siddapur to Kumta. ( 2 ) THE petition has come up for orders after notice to respondents. By consent of the learned counsel for both sides, it is taken up for final hearing. The short question that arises for consideration in this petition is"whether the Chief Secretary, Zilla parishad has power to transfer an employee of one Mandal Panchayat, to any other Mandal Panchayat within the area of the Zilla Parishad. " ( 3 ) THE facts of the case in brief are as follow : A local authority had been constituted for Siddapur Town under the provisions of the Karnataka Municipalities act. On the coming into force of the karnataka Zilla Parishads, Taluk Panchayat samithis, Mandal Panchayats and Nyaya panchayats Act, 1983 ('the Act' for short), the said Municipality was converted into a Mandal Panchayat under the Act. The Relevant portion of Section 128 of the Act which reads thus :" (G) all officers and servants in the employ of the Municipal Council immediately before the specified date shall be officers and servants of the mandal Panchayat under the Act, and shall, until other provision is made in accordance with the provisions of this act receive salaries and allowance and be subject to the conditions of service of which they were entitled or subject immediately before such date". It is by virtue of this provision, the petitioner has become the employee of the siddapur Mandal Panchayat. By his order dated 5th January 1988, the Chief secretary of the Zilla Parishad, transferred the petitioner from Siddapur mandal Panchayat to Kumta. !t is the legality of that order which is the subject matter of this petition. ( 4 ) THE contention of the petitioner is that there is no provision in the Act which empowers the Chief Secretary to transfer an employee of one Mandal Panchayat to any other Mandal Panchayat, even within the area of the Zilla Parishad. ( 5 ) SECTION 123 of the Act provides for appointment of employees of Mandal panchayat other than the Secretary. ( 5 ) SECTION 123 of the Act provides for appointment of employees of Mandal panchayat other than the Secretary. The said provision reads thus :"123: APPOINTMENT OF EMPLOYEES (1) save as provided in section 121 the Mandal Panchayat may appoint the employee of the Mandal panchayat and pay their salaries from the Mandal Panchayat Fund. It may also in case of emergency engage such temporary servants as it may deem necessary. The Secretary of the Mandal panchayat may, by a written order, fine, suspend or withhold, the increment of any employee appointed by the mandal Panchayat. The Mandal Panchayat may reduce in rank, remove or dismiss any employee appointed by it. (2) xx xx xx"as can be seen from the above provision, each Mandal Panchayat has got power to make appointment of staff and on such appointment, they become employees of the Mandal Panchayat. Each Mandal panchayat is a separate autonomous body and transfer of employees from one mandal Panchayat to any other Mandal panchayat amounts to termination of employment under one Mandal Panchayat and appointment in another Mandal Panchayat. Unless there is a provision under the Act for creation of a centralised service as common to ail Mandal Panchayats, within the area of Zilla Parishad with common seniority, regulating recruitment and conditions of service including promotion and also designation of an authority who has the competence to transfer an employee from one Mandal panchayat to another, the Chief Secretary cannot exercise his power. This position in law is clearly laid down by the supreme Court in the case of General officer Commending-in-Chief v Subhaschandra ( AIR 1988 SC 876 ). The supreme Court has also held that in the absence of creation of a centralised scheme, a statutory provision for transfer also would be ultravires and invalid. Under the scheme of the Act, the Secretary of the Mandal Panchayat alone is treated as an officer of the Zilla Parishad and consequently the Chief Secretary has the power to transfer a Secretary from one Mandal Panchayat to another as ali the Secretaries of all the Mandal Panchayats within the area of a Zilla Parishad are the employees of the Zilla Parishad. This is evident from the provisions of Section 121 of the Act which reads :"121. This is evident from the provisions of Section 121 of the Act which reads :"121. SECRETARY : (1) Every mandal Panchayat shall have a whole time Secretary who shall, subject to such rules as may be prescribed, be appointed by the Zilla Parishad in consultation with the Mandal Panchayat. (2) The Secretary shall be an officer of the Zilla Parishad and shall draw the salary and allowance from the Zilla parishad Fund. (3) The Secretary shall perform all the duties and exercise all the powers specifically imposed or conferred upon him by or under this Act or any rules or bye-laws made thereunder. "a comparison of Sections 121 and 123 shows whereas the Secretary of the mandal Panchayat is an Officer of the zilla Parishad, other employees of the mandal Panchayat or (are ? - Ed) its own employees. The Chief Secretary has no power or control over the employees of the Mandal Panchayat. Therefore the impugned order of transfer cannot be sustained. In the result, I answer the question arison for consideration as follows :"the Chief Secretary of a Zilla Parishad has no power to transfer an employee of one Mandal Panchayat, to any other Mandal Panchayat, within the area of the Zilla Parishad '. Accordingly, I make the following : (i) The Writ Petition is allowed. (ii) The impugned order of transfer in so far as it relates to the petitioner, is set aside. Writ petition allowed. --- *** --- .