Sampat Lal Khatik vs State Of Rajasthan on 19 September, 2022
Further submissions were made that the order impugned
dated 15.06.2022 was passed subject to decision in State of
Rajasthan & Ors. vs. Anju Bala : DBSAW No.271/2022, which
appeal came to be decided in a Bunch, led by State of Rajasthan
& Ors. vs. Rekha Kumari : D.B.S.A.W. No.284/2022, wherein by
judgment dated 17.08.2022, the Division Bench on account of
post facto consent given by the Panchayati Raj Department, in the
case of similarly placed employees i.e. surplus, upheld the orders
of transfer, as in the case of State of Rajasthan vs. Mool Shanker
(DBSAW No.683/2021, decided on 14.01.2022), it was laid down
that post facto consent can also be accorded, however, the fact
that for inter district transfer, the consent in terms of Rule 8 (iii) of
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(25 of 42) [CW-8828/2022]
the Rules of 2011 was required, has not been negated, rather the
same has been upheld and therefore, the requirement of
compliance of the provision of Rule 8 in cases of surplus
employees, cannot be done away by the respondents and
consequently, the orders impugned deserve to be quashed and set
aside.