Rajasthan High Court
Shilpa Meena D/O Shiv Prashad ... vs State Of Rajasthan on 23 March, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3501/2022
1. Shilpa Meena D/o Shiv Prashad Meena, Aged About 29
Years, R/o House No 1461Bal Ji Kothi Ka Rasta Ghat Gate
Jaipur Rajasthan Presently Post As Nurse Grade 2Nd At
Phc Amerpura Govindgarh Jaipur.
2. Ravi Kumar Meena S/o Datar Singh Meena, Aged About
32 Years, R/o Village Salawad Tehsil Nadoti District
Karauli Rajasthan.322215.
3. Sandeep Kumar S/o Shri Madan Lal, Aged About 30
Years, R/o Devnagar Colony Udaipur Road Bhojpura
Beawar Ajmer Rajasthan -305901 Presently Post As Nurse
Ii At Jln Medical College Ajmer Rajasthan
4. Buddhi Prakash Mewara S/o Shri Madan Lal Mewara, Aged
About 32 Years, R/o Near Asan Temple Hingoniyan Ajmer
District Ajmer Rajasthan .305406
5. Kapil Kumar Sharma S/o Shri Ram Laxman Sharma, Aged
About 32 Years, R/o 4 D 5 Jawahar Nagar Housing Board
Bundi Rajasthan .323001
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Family Welfare Department, Rajasthan, Jaipur, Rajasthan.
2. The Director (Non Gazzeted), Medical And Health
Service , Rajasthan, Jaipur, Rajsthan.
3. The Additional Director, (Administration), Medical And
Family Welfare Department, Rajasthan, Jaipur, Rajsthan.
4. The Principal And Controller, Sms Medical College Jaipur
Rajasthan
5. Chief Medical Health Officer, Jaipur First District Jaipur
Rajasthan.
6. Pandit Deendyal Upadhaya Gangori Hospital, Jaipur
Rajasthan Through Principal
7. Principal Medical Officer, Bundi Cmho Ajmer
8. Principle And Controller, Jln Medical College And Hospital
Ajmer Rajasthan
9. The Chief Medical Health And Health Officer, Bundi District
(Downloaded on 30/03/2022 at 09:08:00 PM)
(2 of 3) [CW-3501/2022]
Bundi Rajasthan.
10. Principal Medical Officer, Kekri Cmho Ajmer
11. The Chief Medical Health And Health Officer, Ajmer
District Ajmer Rajasthan
12. Pmo Beawar, District Ajmer Rajasthan
13. Primary Health Center Raysana, District Karauli Rajasthan
14. Chief Medical Health Officer, Karauli District Karauli
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Praveen Poswal.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
23/03/2022
This writ petition has been filed by the petitioners with the
following prayer:-
"It is therefore, most humbly prayed that
your Lordship may graciously be pleased to
accept and allow this writ petition and
(i) By an appropriate writ, order and
direction in the nature thereof the
respondents be directed to consider the
case of the petitioner for their posting per
the order dated 30.07.2021 (Annex.2).
(ii) Any other order which this Hon'ble
Court deemed just and proper in the facts
and circumstances of the case may also be
passed in favour of the petitioner."
Counsel for the petitioners submits that the respondents
have issued the transfer order dated 30.07.2021, however, the
same has been cancelled by the respondents vide order dated
02.08.2021, therefore, prayed for cancelling the order dated
02.08.2021 passed by the respondents.
(3 of 3) [CW-3501/2022]
In support of his contention counsel relied upon the
judgment passed by the Co-ordinate Bench of this court in the
matter of Mahendra Kumar Meena Vs. The State of Rajasthan &
Ors. (S.B. Civil Writ Petition No.10799/2021) and further relied
upon the judgment passed by the Co-ordinate Bench of this court
in the matter of Rifeat Ansari Vs. The State of Rajasthan & Ors.
(S.B. Civil Writ Petition No.14906/2021).
Admittedly, the petitioners are having alternative remedy of
appeal with regard to transfer and posting of a government
employee before the Rajasthan Civil Services Appellate Tribunal.
In that view of the matter, no case is made out for
interference by this court under Article 226 of the Constitution of
India, as the petitioners are having efficacious remedy of appeal
before the Rajasthan Civil Services Appellate Tribunal.
In that view of the matter, this writ petition is dismissed.
(INDERJEET SINGH),J
MG/139
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