JUDGMENT :

1. Pursuant to 73rd Amendment in the Constitution of India, twenty nine subjects mentioned in the Eleventh Schedule were brought under Panchayati Raj Institutions to empower the Panchayat Raj in the State. The Rural Development and Panchayati Raj Department passed an order dated 02.10.2010 whereby activities including the funds and staff of some departments were transferred from their respective/parent departments to Panchayati Raj Department. In the spirit of 73rd Amendment in the Constitution, the State of Rajasthan promulgated the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (hereinafter referred to as “the Rules of 2011”), which specifically lays down the rules and regulations for transfer of the employees of the State Government.

2. Rule 8 of the Rules of 2011 provides that a transfer of an employee shall be made under the transfer policy and directions issued from time to time. Rule 12 further provides that in case the guidelines and directions are not followed, Panchayati Raj Department can initiate action against the Panchayati Raj Institutions/ Office bearers.

3. By way of the order dated 02.10.2010, issued by the Principal Secretary Medical & Heal