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2023 Supreme(Raj) 1165

PUSHPENDRA SINGH BHATI
Sorma W/o Shri Balveer Singh Dayma – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. RS Choudhary
For the Respondent: Mr. K.S. Rajpurohit, AAG

ORDER :

1. Learned counsel for the parties jointly submit that the controversy involved in the present matter is squarely covered by the judgment passed by this Court in Kiran Kumari Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.14964/2019), decided on 15.01.2020; the operative portion of the judgment reads as under :-

    "14. Heard.

15. A bare reading of Rule 8 of the Rules of 2011 leaves no room for ambiguity that transfer of the employees, whose services have been transferred to Panchayati Raj institution can be made by an authority who is authorized to transfer such employee, as has been clearly defined rather prescribed in the Rule 8 itself, viz. (i) in case of transfer within Panchayat Samiti – Administration and Establishment Committee of Panchayat Samiti, (ii) in case of transfer from one Panchayat Samiti to another Panchayat Samiti within the same District – District Establishment Committee of the Zila Parishad and (iii) in case of transfer from one District to another or inter district transfer – department concerned with consent of Panchayati Raj Department.

16. This Court is unable to accept the argument advanced by learned counsel for the respondents that by virt

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