Chetan Lal vs State Of Rajasthan
2021 Latest Caselaw 9313 Raj

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)

(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)

(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)

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