Mangla Ram vs State Of Rajasthan
2022 Latest Caselaw 8083 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Civil Special Appeal (Writ) No.533/2022

Mangla Ram S/o Shri Binja Ram, by caste Jat, aged 54 years, resident of Haryadhana, Tehsil Bilara, District Jodhpur. At present working on the post of Multipurpose Worker posting place at Sub Center, Holpur Kallan, Bilara, District Jodhpur

----Appellant

Versus

1. State of Rajasthan through Director, Medical and Health Services, Rajasthan, Jaipur

2. Chief Medical and Health Officer, Jodhpur

3. Block Chief Medical Officer, Block Bilara, District Jodhpur

4. Medical Officer Incharge, Adarsh Primary Health Center, Bala, Block Bilara, District Jodhpur

----Respondents

For Petitioner(s) : Mr. Mangla Ram, petitioner, present in person

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment

27/05/2022

The appellant-petitioner has filed the instant intra court

appeal being aggrieved of the order dated 23.05.2022 passed by

the learned Single Bench of this court dismissing the Writ Petition

No.4709/2022 and affirming the transfer order dated 22.03.2022

and the relieving order dated 24.03.2022, whereby the petitioner

was relieved from the Sub Health Center, Holpur Kallan, Primary

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Health Center, Bala to report at the Office of the Block Chief

Medical Officer, Bilara.

We have heard the appellant writ petitioner present in

person and have gone through the impugned order and the

documents annexed with the writ petition. The appellant

vehemently and fervently urged that he was posted at the Sub

Health Centre, Holpur Kallan way back in the year 2005 and is

discharging his duties to the full satisfaction of the authorities and

serving the people at large without any demur and hence, there

was no justification to pass the orders dated 22.03.2022 and

24.03.2022 transferring and relieving the petitioners from his

present place of posting.

On a consideration of the impugned order and the reply

of the respondents, it becomes clear that the petitioner is serving

in the cadre of M.P.W., whereas no such post is sanctioned in the

Sub Health Centre/Primary Health Center. The salary of the

petitioner is being drawn from the office of the Block Chief Medical

Officer, Bilara. The impugned order also reveals that the

foundation of the order of transfer is an earlier order dated

27.08.2019, wherein it has been provided that no post of M.P.W. is

sanctioned at the Sub-Health Centre level and thus, headquarters

of the MPWs would remain at the Office of the Block Chief Medical

Officer. Since there is no sanctioned post of M.P.W. in the Sub-

Health Centre, Holpur Kallan, the appellant writ petitioner cannot

insist that on account of his prolonged posting at the said centre

(apparently so made without any justification) has no foundation

whatsoever. As there is no sanctioned post of M.P.W. in the Sub-

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Health Centre, Holpur Kallan, the appellant writ petitioner cannot

be provided posting at that place.

Hence, the order dated 23.05.2022 passed by the

learned Single Bench, whereby the writ petition preferred by the

petitioner was rejected and the orders dated 22.03.2022 and

24.03.2022 were affirmed is absolutely justified and does not call

for any interference. Accordingly, the instant intra court is

dismissed.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

Pramod

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