Rajasthan High Court
Samay Singh Prajapat S/O Shri ... vs State Of Rajasthan on 30 June, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3544/2022
1. Samay Singh Prajapat S/o Shri Battu Ram Prajapat, Aged
About 32 Years, R/o Village Paota Tehsil Mahua, District
Dausa, Rajasthan, Presently Working As Nurse Grade-Ii At
Sawai Mansingh Hospital, Jaipur.
2. Manish Jaimini S/o Shri Banwari Lal Jaimini, Aged About
33 Years, R/o Village Liwali, Sawaimadhopur, District
Sawaimadhopur, Rajasthan, Presently Working As Nurse
Grade-Ii At Pmo, District Hospital, Dholpur, Rajasthan.
3. Rajesh Kumar S/o Shri Jagdish Prasad, Aged About 41
Years, R/o Malpura, District Tonk, Rajasthan, Presently
Working As Nurse Grade-Ii At Chc, Diggi.
4. Ramkesh Meena S/o Shri Deen Dayal Meena, Aged About
33 Years, R/o Village Khemari, Sarmathura, District
Dholpur, Rajasthan, Presently Working As Nurse Grade-Ii
At Pmo, District Hospital, Dholpur, Rajasthan.
5. Lakhen Singh S/o Shri Rabuda Ram, Aged About 37
Years, R/o Village Abdulpur, Nagla Dulhe Khan, District
Dholpur, Rajasthan, Presently Working As Nurse Grade-Ii
At Pmo, District Hospital, Dholpur, Rajasthan.
6. Shailendra Singh S/o Shri Gopal Krishan Dhakar, Aged
About 44 Years, R/o C, Moti Vihar, Chak Gaitore,
Sanganer, Jaipur, Rajasthan, Presently Working As Nurse
Grade-Ii At Phc, Arai Block, Dadiya, Ajmer, Rajasthan.
7. Bishan Lal Gurjar S/o Shri Suraj Mal Mehru, Aged About
42 Years, R/o Tonk, Rajasthan, Presently Working As
Nurse Grade-Ii At Chc, Diggi, District Tonk, Rajasthan.
8. Jiyauddin S/o Shri Nijamuddin Bisayati, Aged About 41
Years, R/o 318 Truck Stand, Ward No. 2, Malpura, District
Tonk, Rajasthan, Presently Working As Nurse Grade-Ii At
Phc, Tordi Malpura, District Tonk, Rajasthan.
9. Nethravathi H E W/o Shri Rais Mohammed Khan, Aged
About 41 Years, R/o Ghas Bhairu Mohalla, Purana Bazar,
Vtc Diggi, P.o. Diggi Sub District Malpura, District Tonk,
Rajasthan, Presently Working As Nurse Grade-Ii At Sub-
Centre, Ridalya Bujurg, Phc Tordi, Malpura, District Tonk,
Rajasthan.
----Petitioners
(Downloaded on 02/07/2022 at 09:10:41 PM)
(2 of 3) [CW-3544/2022]
Versus
1. State Of Rajasthan, Through Its Secretary, Medical And
Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director (Non-Gazzetted), Medical And Health
Services, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ram Kumar Swami.
For Respondent(s) : Mr. Vivek Tyagi, Dy.G.C.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
30/06/2022
This writ petition has been filed by the petitioners with the
following prayer:-
"It is, therefore, most humbly prayed that
your lordships may please to call for the
entire record, allow this writ petition and
may further please to;
(i) By issuance of an appropriate writ,
order or direction to quash and set aside
the action/inaction of the respondents for
not to relieve the petitioners from their
present place of posting and to post them
at the newly allotted place or nearby place
in pursuance to reshuffle allotment list
dated 30.07.2021 and not to allow them to
join at new place.
(ii) By issuance of an appropriate writ,
order or direction which may be deemed fit
and proper in the facts and circumstances
of the case in favour of the petitioners with
cost."
Grievances of the petitioners is that in compliance of the
transfer order dated 30.07.2021 the respondents have not
relieved the petitioners from present place of posting, to join at
new place of posting.
In support of his contention, counsel relied upon the
judgment passed by the Co-ordinate Bench of this court at
(3 of 3) [CW-3544/2022]
Principal Seat Jodhpur in the matter of Mohammad Ashraf Vs.
State of Rajasthan & Ors. (S.B. Civil Writ Petition
No.16513/2021) decided on 01.12.2021, whereby the liberty
was granted to the petitioner to submit the representation with
regard to his grievances, therefore, counsel prayed for passing of
the similar order in this matter.
Counsel appearing on behalf of the respondents submitted
that the order dated 30.07.2021 has already been withdrawn by
the respondents on 02.08.2021, as mentioned in their reply duly
supported by affidavit.
Heard counsel for the parties and perused the record.
This writ petition filed by the petitioners deserves to be
dismissed for the reasons: firstly, the order dated 30.07.2021 has
already been withdrawn by the respondents vide order dated
02.08.2021 and in view of the aforesaid subsequent development,
I am of the considered view that this writ petition has become
infructuous and in the facts and circumstance of the present case,
no case is made out for interference by this court under Article
226 of the Constitution of India.
Hence, this writ petition is dismissed.
(INDERJEET SINGH),J
MG/53
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