Sudhir Agarwal, J.—

1. Learned Standing Counsel fairly stated that since pure question of law based on Government Orders dated 12.07.2006 and 08.02.2011 has been addressed by Sri Rajeev Gupta, learned counsel for the petitioner, he does not propose to file any counter affidavit but would make oral submissions and the writ petition may be decided finally at this stage under the Rules of this Court, hence I proceed accordingly.

2. It is contended that the impugned order dated 12.04.2012 (Annexure-1 to the writ petition) has been passed by Block Development Officer Nehtaur, District Bijnor transferring and posting several "Gram Panchayat Vikas Adhikari" (hereinafter referred to as the "GPVA") in different Gram Panchayats though he has no power to make such transfer and posting. Reference is made to Government Order dated 12.07.2006 (Annexure-2 to the writ petition) wherein such power has been conferred upon the District Magistrate (hereinafter referred to as the "D.M.") concerned. It is submitted that in view thereof even the D.M.'s order dated 14.06.2012 (Annexure-13 to the writ petition) is incorrect, illegal and liable to be set aside.

3. Learned Standing Counsel could not dispute that under Government Order dated 12.07.2006 power of allocation of duties in various Gram Panchayats to GVPA has been vested in D.M. The procedure prescribed in para 2 of Government Order dated 12.07.2006 is that in respect to such allotment of duties in respective Gram Panchayats the proposal shall be made by District Panchayat Raj Officer (hereinafter referred to as the "DPRO") for transfer by D.M. who shall have the ultimate power to make such allotment/assignment of duties in respective Gram Panchayats.

4. There is another Government Order dated 08.02.2011 which provides that Block Development Officer and District Development Officer would have no power to transfer GPVA from one place to another and it says that if GPVA of Gram Vikas Department is to be posted in a Gram Panchayat, in order to give him charge of Secretary in concerned Gram Panchayat, such power shall vest under Section 25 of Panchayat Raj Act, 1947 upon the DPRO but in other matters the Government Order dated 12.07.2006 shall hold the field and such power shall remain vested upon D.M. Para 3 of Government Order dated 08.02.2011 requires all D.M.s to observe Government Order dated 12.07.2006 strictly.

5. In the present case the D.M.'s order dated 14.06.2012 shows that a request/proposal was made by Block Development Officer making transfer/posting of various GPVA in different Gram Panchayats and the said order subsequently was approved by DPRO and has been upheld by D.M. An order which is wholly illegal and without jurisdiction passed by Block Development Officer could not have been ratified. It is not the question of approval by DPRO but he is the authority to pass the order on its own by application of his own mind and not to subsequently ratify a wholly illegal and is without jurisdiction order. The Block Development Officer has no authority to make such transfer/posting as has been done by order dated 12.04.2012.

6. In the result, the writ petition is allowed. The D.M.'s order dated 14.06.2012 (Annexure-13 to the writ petition) and the impugned order of transfer dated 12.04.2012 passed by Block Development Officer, in so far as it relates to petitioner, are hereby set aside.

7. However, it is made clear that this order shall not preclude the competent authority from passing a fresh order of transfer/posting of petitioner in accordance with law. No costs.

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