AKIL KURESHI, REKHA BORANA
State Of Rajasthan, Through The Secretary, Department Of Medical And Health – Appellant
Versus
Mool Shanker S/o Deva Ram – Respondent
JUDGMENT :
1. These appeals arise out of a common judgment of the learned Single Judge dated 02.08.2021 passed in the respective petitions.
2. Brief facts may be noted at the outset.
3. The State Government had transferred some of its activities and employees and placed them at the disposal of the Panchayats for working in various Panchayati Raj institutions. In furtherance of this scheme, under a notification dated 11.03.2011, the State Government had promulgated the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (hereinafter to be referred to as the 'Rules of 2011'). The term transferred employee' was defined in Rule 2(iv) of the Rules of 2011 as to mean the employees working on the posts relating to activities transferred to the Panchayati Raj Institutions. Chapter-II of the said Rules pertains to controlling of transferred employees. Rule 3 contained in the said chapter reads as under:
(2) The cadre control of the transferred employees shall be with the department co
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