Transfer orders must specify duty locations and consult local governing bodies per statutory requirements, fostering transparency in governance.

JUDGMENT :

ARUN MONGA, J.

1. Under challenge before this Court in this bunch of petitions are transfer orders of panchayat officials of the rank of Village Development Officers/Assistant Administrative Officer/Gram Sewak/LDC/Junior Assistants/Junior Technical Assistant/Gram Vikas Adhikari serving in Rajasthan, inter alia, alleging gross violation of statutory provisions of Rajasthan Panchayati Raj Act, 1994 read with Rules framed there under (to be referred as the ‘Act and the Rules, respectively).

2. Ordinarily, transfer of a government servant does not warrant any indulgence, same being integral part of service conditions and an essential incidence thereof. There is no gainsaying that transfer is neither a punishment nor a promotion. This Court, therefore, treads cautiously to interfere, since it arises out of routine administrative exigencies, unless it is a case of extreme hardship and/or patent violation of statutory right of an employee and/or colorable exercise of power to punitively treat an employee with oblique motive or proven malafides.

3. Adverting to the specifics of the case in hand. Before this Court are three categories of Panchayati Raj officials i.e. :-

(I). where transfer orders have been passed by the State Government,

(II). where transfer orders have been passed by the Chief Executive Officers, and

(III). where transfer orders have been passed by any other official viz. BDO/VDO.

3.1. Impugned herein are orders dated 20.02.2024 and 22.02.2024 passed by the State Government qua 635 officials, respectively. Also assailed are few transfer orders passed by the C.E.O.s of respective districts viz. dated 19.02.2024 qua Districts Udaipur, Jalore & Ajmer, dated 20.02.2024 qua Banswara & Nagaur, dated 21.02.2024 qua Districts Bhilwara, Rajsamand, Pali, Chittorgarh & Jodhpur and dated 22.02.2024 qua Districts Bikaner, Bhilwara, Rajsamand, Dungarpur, Deedwana Kuchaman, Salumber, Pali, Jaisalmer, Barmer, Jodhpur, Banswara & Nagaur for around 250 officials and certain individual orders dated 13.02.2024, 14.02.2024, 01.03.2024, 11.03.2024, 12.03.2024, 14.03.2024 & 15.03.2024 passed by other officials.

3.2. Particulars of the respective writ petitions filed against aforesaid orders are given in the schedule at the end of this judgment.

FACTUAL BACKGROUND:

4. Facts of each of the transferred panchayat officials need not really be gone into as common thread in all these cases is only the legality of their transfer orders. Individual factual narrative thus, really speaking, has no bearing. Yet, illustratively, facts of the lead case succinctly are that Kera Ram, working currently as Gram Sewak cum Village Development Officer posted at Panchayat Samiti, Sarnau has been transferred to Panchayat Samiti, Bagora vide impugned order dated 19.02.2024 passed by the Chief Executive Officer, Zila Parishad, Jalore.

4.1. Kera Ram pleads that firstly, C.E.O. of Zila Parishad is not legally competent, under the provisions of Panchayati Raj Act, 1994 or the Rules framed thereunder, to pass a transfer order qua a Village Development Officer. Secondly, it is also his case that no prior approval/consent has been obtained either from the Samiti through its Pradhan, as is mandatory under Section 89(8)(ii) of the Act of 1994.

4.2. He also alleges violation of Rule 289 sub-rule (1) stating that District Establishment Committee of Zila Parishad is the competent authority to pass transfer orders that too upon the receipt of requ