HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6975/2021 Chetan Lal S/o Babu Lal, Aged About 60 Years, R/o Sanjay Nagar Santoshi Ma Mandir Ke Pas Sumerpur District Pali Rajasthan 306902.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary To The Government, Department Of Medical And Health, Government Of Rajasthan, Jaipur.
2. The Additional Director, Department Of Medical And Health, Government Of Rajasthan, Jaipur.
3. The Chief Medical And Health Officer, District Pali Rajasthan.
4. The Officer In Charge Community Health Center Bera, District Pali Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ripudaman Singh (through VC)
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
03/05/2021
This writ petition has been filed by the petitioner being aggrieved with the order dated 23.04.2021 passed by the Directorate, Medical Health and Family Welfare Services, Jaipur, whereby as many as 51 Second Grade Nursing Staff is transferred from Districts Jalore, Pali, Sirohi, Barmer and Jodhpur to Mahatma Gandhi Hospital, Jodhpur for the purpose of controlling the Covid- 19 infection.
(D.B. SAW/302/2021 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/05/2021 at 08:18:16 PM) (2 of 3) [CW-6975/2021] The petitioner, who is working as Second Grade Nurse at Health Centre, Bera, District Pali, is figured in this list at serial No.18.
Learned counsel for the petitioner has submitted that the petitioner while working in a Health Center of a rural area cannot be transferred by the Medical and Health Department to a hospital of city without there being any consent of the Panchayati Raj Department because the Health Centers of Rural Areas are under the control of Panchayati Raj Department. Learned counsel for the petitioner has placed reliance on the judgment of this Court rendered in SBCWP No.14964/2019 Kiran Kumari vs. State of Rajasthan & Ors. decided on 15.01.2020.
It is also submitted by learned counsel for the petitioner that the petitioner is going to be superannuated on 31.10.2021 and, as such, he is having less than two years of services and as per the policy of the State Government, a person having less than two years of service is not entitled to be transferred.
It is further submitted that the Assistant Collector, Bali, District Pali has already written to the respondents that if the nursing staff posted in sub-division, Bali is transferred to somewhere else, it would be very difficult to manage the covid center at Bali, therefore, the transfer of the petitioner and the other staff may be cancelled, however, the respondents are not paying heed to the request of the Assistant Collector, Bali.
On the strength of the above arguments, learned counsel for the petitioner has prayed that the impugned order transferring the petitioner from Helath Center, Bera, District Pali to Mahatma Gandhi Hospital, Jodhpur, be quashed and set aside.
(D.B. SAW/302/2021 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/05/2021 at 08:18:17 PM) (3 of 3) [CW-6975/2021] Having heard learned counsel for the petitioner and after going through the material available on record, this Court is of the opinion that even if the transfer of the petitioner vide order dated 23.04.2021 is in violation of the judgment passed by this Court in Kiran Kumar's case (supra) and even if it is assumed that transfer of the petitioner is in violation of the transfer policy of the State Government of not transferring of an employee, who is having service period of less than two years and even if it is true that the Assistant Collector, Bali has requested the respondents to cancel the transfer of the Nursing Staff, I am not inclined to interfere in the impugned order looking to the situation of Covid-19 infection spread in the State of Rajasthan. This Court is of the view that in this emergent situation, if the respondent Medical and Health Department has proposed to utilize the services of the nursing staff from one place to another, it is not the right time for this Court to interfere in the said discretion exercised by the Medical and Health Department.
In such circumstances, I am not inclined to interfere in this writ petition at this stage in view of the current emergent situation of Covid-19 Pandemic.
With these observations, this writ petition is dismissed.
(VIJAY BISHNOI),J 22-Taruna/-
(D.B. SAW/302/2021 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/05/2021 at 08:18:17 PM) Powered by TCPDF (www.tcpdf.org)