Honble YADAV, J.–The present writ petition has been filed by the petitioner questioning his transfer order dated 1.7.98 (Annex.1) on the ground inter alia that the Chief Executive Officer, Zila Parishad Udaipur (respondent No.2) has no jurisdiction to pass the impugned transfer order transferring him from Panchayat Samiti Sarada to Panchayat Samiti Kotda in the same district.

(2). In support of his aforesaid argument the learned counsel for the petitioner placed reliance on Rule 289 of the Rajasthan Panchayati Raj Rules 1996 (hereinafter referred to as the Rules of 1996) wherein it is provided that the name of the employee, desiring transfer or desired to be transferred within the district shall be communicated to the District Establishment Committee by the Panchay at Samiti. It is further provided under Sub-rule (2) of Rule 289 of the aforesaid Rules that posting by transfer of such an employee shall be made by the Panchayat Samiti in Zila Parishad concerned on the recommendation of District Establishment Committee. Learned counsel for the petitioner Mr. Joshi also invited my attention to Section 90 of the Rajasthan Panchayati Raj Act, 1994 wherein the District Establish- ment Comm

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