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2016 DIGILAW 1805 (RAJ)

Shiv Dayal Dave S/o Shri Purushottam Dave v. State of Rajasthan Through the Secretary

2016-12-13

ARUN BHANSALI

body2016
ORDER : Mr. Arun Bhansali, J. 1. This writ petition has been filed aggrieved against the order of transfer dated 10.10.2016 passed by the respondents, whereby the petitioner has been transferred from Pokran to Jaitarn. 2. It is submitted by learned counsel for the petitioner that the respondents have exercised power under Section 336 of the Rajasthan Municipalities Act, 2009 ('the Act of 2009'), which power cannot be exercised in a routine manner. Further submission has been made on the strength of document Annex.-4 that the said transfer has taken place on account of political interference and that by order dated 25.5.2010 (Annex.3), it was indicated that the petitioner would be made to work only on the said post and would not be shifted anywhere and therefore, on the said grounds the order of transfer is bad in law and deserves to be set-aside. 3. I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record. 4. The provisions of Section 336 of the Act of 2009 is reads as under :- "336. Transfer from one Municipality to another. - (1) Any officer or servant of a Municipality who is a member of subordinate service, ministerial service or class IV service may be transferred by the State Government from the service of one Municipality to the services of another Municipality. (2) Any officer or servant of the Municipality may be transferred by the State Government to the Jaipur Development Authority or Jodhpur Development Authority or Rajasthan Housing Board or any Urban Improvement Trust or any other local body on post carrying pay scale not lower than the pay scale of the officer or servant to be transferred. Provided that the lien of the Officer or servant so transferred shall remain in the parent Municipality and he shall be considered for further promotion whenever a consideration for promotion to the higher post in his cadre is made in the Municipality." 5. Provided that the lien of the Officer or servant so transferred shall remain in the parent Municipality and he shall be considered for further promotion whenever a consideration for promotion to the higher post in his cadre is made in the Municipality." 5. A bare look at the said provision reveals that same empowers the State Government for transferring any officer or servant of the Municipality from one Municipality to another and the mere fact that proviso provides that lien of the officer or servant shall remain in the parent Municipality cannot be read to mean that the transfers can take place only in exceptional circumstance and that the State is required to delineate such reason/circumstance in the order of transfer. 6. A look at the order dated 10.10.2016 (Annex.1) would reveal that by the said order as many as 186 employees have been transferred from one Municipality to another and therefore, it cannot be said that the petitioner has been single out for transfer based on the letter Annex.-4 alleged to have been written by some political functionary. 7. So far as the fact that the petitioner has been working on the post of Cashier is concerned, it was directed by order dated 25.5.2010 (Annex.3) that the petitioner shall not be made to work on any other post, which by itself cannot be a reason for not transferring the petitioner, as any other qualified person would in that case man the post being manned by the petitioner. 8. In view of the above discussion, no interference is called for in the order impugned. 9. The writ petition is dismissed.