S.B. CIVIL WRIT PETITION NO.4095/2008.
(ARNESHWAR RATHORE VS. STATE OF RAJ. & ORS.)
DATE OF ORDER : 18.11.2008.
HON'BLE MR. GOVIND MATHUR, J.
Mr. Mukesh Rajpurohit for the petitioner.
Mr. G.R. Punia for the applicant.
This matter came up for orders on an application
preferred by Shri Suresh Kumar s/o Shri Ghewar Ram
Choudhary for becoming party to the proceedings on the ground
that he was transferred to Government Upper Primary School,
Jakharon ki Dhani, Narwa, district Jodhpur vise the petiioner.
Instead of considering the application, it shall be
appropriate to decide this petition for writ as the issue involved
in this petition for writ has already been adjudicated by this
Court in the case of Narendra Prasad Swami vs. State of
Rajasthan and others (SBCWP No.4391/2008) by holdingthat the
Government of Rajasthan is having competence to transfer a
member of Panchayati Raj, Zila Parishad from one Panchayat
Samiti to another Panchayat Samiti as per the provisions of
Section 89(8-A) of the Rajasthan Panchayati Raj Act, 1994. In
view of that no error is made by the respondents in issuing the
order of transfer relating to the petitioner, who is transferred
from Panchayat Samiti, Mandore to Panchayat Samiti, Osian.
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Accordingly, this petition for writ is dismissed. If the
petitioner is having any personal inconvenience with regard to
his transfer, he may agitate the cause before the authority
competent.
(GOVIND MATHUR)J.
Anil/