Rajasthan High Court - Jodhpur
Suraj Singh Solanki vs State Of Rajasthan on 30 March, 2021
Bench: Dinesh Mehta
(1 of 2) [CW-15026/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15026/2019
Suraj Singh Solanki S/o Late Kalyan Singh, Aged About 50 Years,
3, Solanki Sadan, Behind Senapati Bhawan, High Court Colony,
Jodhpur (Raj.), Mobile No.9461184013.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical, Health And Family Welfare,
Government Of Rajasthan, Secretariat, Jaipur.
2. Additional Director (Administration), Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jodhpur.
4. The Reproductive Child Health Officer, Office Of Ch And
Ho, Jodhpur.
5. Principal Secretary, Rural Development And Panchayati
Raj Department, Government Of Rajasthan, Secretariat,
Jaipur
----Respondents
For Petitioner(s) : Mr. Yash Pal Khileree
For Respondent(s) : Mr. Shreyansh Mehta for
Mr. K.S. Rajpurohit, AAG
JUSTICE DINESH MEHTA
Order
30/03/2021
1. The petitioner, a Refrigerator Mechanic, working in the office
of the Reproductive Child Health Officer (RCHO), has challenged
the order dated 29.09.2019, whereby he has been transferred
from Jodhpur to Barmer in place of one Jitendra Sankhla.
2. The basic ground raised in the petition is that his transfer is
contrary to Rule 8 of Rajasthan Panchayati Raj (Transferred
Activities) Rules, 2011 (for short, 'the Rules of 2011').
(2 of 2) [CW-15026/2019]
3. Mr. Khileree, learned counsel for the petitioner, submits that
petitioner's transfer is contrary to Rule 8 of the Rules of 2011, so
also against the judgment dated 15.01.2020, passed by this Court
in the case of Kiran Kumari Vs. State & Ors.
4. Mr. Shreyansh Mehta, associate to Mr. K.S. Rajpurohit, AAG,
though is not in a position to dispute the aforesaid position of facts
and law. He, however, submits that on account of the interim
order passed by this Court, not only the petitioner, even Jitendra
Sankhla, is working in the office of RCHO, Jodhpur and there is
only one sanctioned post of Refrigerator Mechanic.
5. He submits that post of Refrigerator Mechanic in Barmer is
lying vacant for a long, which is hampering the vaccination
programme of the State.
6. Be that as it may. In the opinion of this Court, petitioner's
transfer sans the consent of Panchayati Raj Department is
contrary to Rule 8 of the Rules of 2011.
7. The writ petition, thus, stands allowed. The impugned order
dated 29.09.2019, qua the petitioner, is hereby quashed and set
aside.
6. The respondent - Department shall be free to pass fresh
order of transferring/posting petitioner or said Jitendra Sankhla, of
course after taking due consent from the Panchayati Raj
Department.
7. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
163-skm/-
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