1. - The present writ petition under Article 226 of the Constitution of India has been filed by the petitioners on 6.10.2004 against the respondents with the prayer that condition No. 4 of the order dated 28.9.2004 (Annexure 1) passed by the State Government by which a direction/option was given to the Vikas Adhikari that after receiving the transfer order dated 28.9.2004 (Annexure 1), the concerned Gram Sewaks who were transferred be relieved to join the concerned Panchayat Samitis where they have been transferred and if in the concerned Panchayat Samiti where such Gram Sewaks have been transferred any post was not lying vacant, then the Gram Sewaks who had longer stay be relieved from the Panchayat Samiti, be quashed and set aside.

2. It arises in the following circumstances :

(i) That the petitioners are working as Gram Sewak-cum-Panchayat Secretary in the Panchayat Samiti, Sri Karanpur under the control of Zila Parishad, Sri Ganganagar.

(ii) Further case of the petitioners is that transfer of the persons like petitioners is governed by the provisions contained in Rule 289 and 290 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the Rules of 1996).

(i