Mamta vs State Of Rajasthan
2021 Latest Caselaw 2607 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1794/2021

Mamta D/o Shri Badru Ram, Aged About 32 Years, Resident Of Ward No. 5, Surajgarh, District Jhunjhunu, At Present Posted At Sub Health Center, Modawasi, Tehsil Rajgarh, Churu.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Secretariat, Jaipur.

2. Director (Gazetted), Medical And Health Services, Tilak Marg, Jaipur.

3. Additional Director (Administration), Medical And Health Services, Tilak Marg, Jaipur.

4. Chief Medical And Health Officer, Ratangarh, Churu.

5. Block Chief Medical And Health Officer, Churu, District Churu.

6. Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Jaipur.

7. Poonam W/o Ravi Kumar, (Female Health Worker) Through Cm And Ho, Ratangarh, Churu.

----Respondents

For Petitioner(s) : Mr. Vikas Bijrania. For Respondent(s) : Mr. Surendra Singh for Mr. K.S. Rajpurohit, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 01/02/2021

It is submitted by learned counsel for the petitioner that

besides the fact that the order dated 31.12.2020 (Annex.2),

whereby, the respondent No.7 has been posted at the place where

the petitioner was working, is contrary to judgment in the case of

Kiran Kumari v. State of Rajasthan & Ors.

(2 of 2) [CW-1794/2021]

In the order dated 31.12.2020 itself, it was indicated that if

the transfer was made at a place, which was already occupied, the

person transferred would be made APO and the Directorate would

be informed in this regard, however, instead of complying with the

said direction, the Block Chief Medical Officer, Rajgarh (Churu) has

relieved the petitioner vide Annex.3.

In view of the submissions made, issue notice.

Mr. K.S. Rajpurohit, AAG appears for the respondents. Copy

of the petuition be served on him, who may complete his

instructions in the matter by the next date.

List on 15.2.2021.

In the meanwhile and till the next date, the operation of the

order dated 22.1.2021 (Annex.3) passed by the Block Chief

Medical Officer, Rajgarh (Churu) shall remain stayed and the

petitioner shall be permitted to join back at Sub-Centre Modawasi.

(ARUN BHANSALI),J 112-Sumit/-

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