2011 LAB. I. C. 1563 ::(2010) 4 Raj LW 3708 ::2011 WLC(Raj)(UC) 53

Rajasthan High Court

Hon'ble Judge(s): Prakash Tatia, Kailash Chandra Joshi , JJ

( A ) Constitution of India Art. 243 -G — Rajasthan Panchayati Raj Act (13 of 1994), S. 89(8-A)— Transfer of teachers — State Govt. is not conferred with power to transfer teachers from one place to another place within same Panchayat Samiti.S. 89(8-A) of Rajasthan Panchayati Raj Act (1994). Cannot be interpreted to mean that since the State has power to transfer a category of the members of service from one Panchayat Samiti to another Panchayat Samiti within the same District or out of the State, the State got the power of transfer the employees the teachers in the instant case within Panchayat Samiti which power has not been given to the State. If the State Government Legislature itself has not given power to the State Government to transfer teachers within Panchayat Samiti then that may have been done purposefully and omission is conscious with intention to give power of this transfer to achieve the object under Article 243 G of the Constitution of India. (Paras1216)By the amendment made in 2004 by the Ordinance 2004, the proviso has been added under sub-section (1) of Section 89 which says only that the selection for the post specified in Clause (iii) of sub-section (2) shall be made at the State level. The posts specified in Clause (iii) of sub-section (2) are the posts of Primary and Upper Primary School teachers. The proviso only says that selection shall be made at State level obviously, for the reason, that the select....