Rajasthan High Court - Jodhpur
Dr. Satyaprakash Sharma vs State Of Rajasthan on 3 November, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 924/2022
Dr. Satyaprakash Sharma S/o Late Shri Suresh Chandra Sharma,
Aged About 46 Years, R/o Flat A-3 Bajrang Sequre Sector 3
Govardhanvillas, Udaipur, Rajasthan. At Block Chief Medical
Officer Pindwara, District Sirohi, Rajasthan.
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary Of Medical
And Health Department Jaipur, Rajasthan.
2. The Prime Medical And Health Officer, District Sirohi,
Rajasthan.
3. Dr. Bhupendra Singh Rathore, Medical Officer, Chc
Kalandri, Block Chief Medical Officer, Pindwara, Sirohi,
Rajasthan.
----Respondents
connected with
D.B. Spl. Appl. Writ No. 925/2022
Dr. Satyaprakash Sharma S/o Late Shri Suresh Chandra Sharma, Aged
About 46 Years, R/o Flat A-3 Bajrang Sequre Sector 3 Govardhanvillas,
Udaipur, Rajasthan. At Block Chief Medical Officer Pindwara, District
Sirohi, Rajasthan.
---Appellant
Versus
1. State Of Rajasthan, Through The Secretary Of Medical And
Health Department Jaipur, Rajasthan.
2. The Prime Medical And Health Officer, District Sirohi, Rajasthan.
3. Dr. Bhupendra Singh Rathore, Medical Officer, Chc Kalandri,
Sirohi, Rajasthan.
---Respondents.
For Appellant(s) : Mr. Harish Kumar Purohit.
For Respondent(s) : --
(2 of 4) [SAW-924/2022]
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
03/11/2022
These special appeals arise from the common order dated
20.09.2022 passed by learned Single Bench, whereby the writ
petitions filed by the appellant against the order dated
12.03.2022, were dismissed.
Briefly stated facts of the case are that the appellant was
posted as Senior Medical Officer, District Hospital, Sirohi vide order
dated 29.09.2019. The Chief Medical and Health Officer, Sirohi
issued an order dated 21.10.2019 directing the appellant to work
on the post of Block Chief Medical Officer, Pindwara (in short
"BCMO) till further orders. Thereafter, another order dated
31.10.2019 was issued handing over complete charge of the post
of Block Chief Medical Officer, Pindwara to the appellant. While the
appellant was discharing duties at Pindwara, an order dated
12.03.2022, was issued by the Chief Medical and Health Officer,
Sirohi directing the appellant to join on the post originally held by
him at General Hospital, Sirohi.
Being aggrieved by the order dated 12.03.2022, the
appellant approached Rajasthan Civil Services Appellate Tribunal,
Circuit Bench, Jodhpur (hereinafter referred to as the 'Appellate
Tribunal, Jodhpur') by way of filing Appeal No.52/2022 (Satya
Prakash Vs. Secretary, Medical and Health, Rajasthan). The
Appellate Tribunal, Jodhpur vide order dated 12.04.2022
dismissed the appeal observing that since the appellant had been
ordered to join on his original post at General Hospital, Sirohi
therefore, no illegality was found in the order dated 12.03.2022.
(3 of 4) [SAW-924/2022]
After rejection of Appeal No.52/2022 by learned Appellate
Tribunal, Jodhpur, one Dr. Bhupendra Singh Rathore came to be
posted as Block Community Medical Officer, Pindwara vide order
dated 13.07.2022 who joined at Pindwara on 15.07.2022.
Being aggrieved by orders dated 12.03.2022, 12.04.2022
passed by learned Appellate Tribunal, Jodhpur and 13.07.2022,
the appellant filed a writ petition before learned Single Bench of
this Court which came to be dismissed vide order dated
20.09.2022. Hence, this special appeal (writ).
Learned counsel for the appellant submitted that the
appellant was posted as BCMO at Pindwara vide order dated
21.10.2019 on available vacant post. Subsequently, by an order
dated 31.10.2019, the entire charge of the above mentioned post
was handed over to him. Learned counsel further submitted that
since appellant was posted on available vacant post at Pindwara
which virtually amounted to transfer from the post of Senior
Medical Officer, General Hospital, Sirohi. It was further submitted
that the respondents could not have issued order dated
31.05.2022 without there being any proper transfer order against
him. Learned counsel thus prayed that the impugned orders may
be declared illegal and bad in the eyes of law.
Heard learned counsel for the appellant and perused the
material available on record.
Indisputably, vide order dated 21.10.2019, the appellant was
directed to work as Block Chief Medical Officer, Pindwara till
further orders. The appellant accepted the same and joined at
Pindwara. True it is that appellant had worked at Pindwara
pursuant to the order dated 21.10.2019 for about two years but
that does not give rise to an indefeasible right in favour of the
(4 of 4) [SAW-924/2022]
appellant to continue on a post upon which he was posted in
administrative exigency. The respondents are well within their
rights to repatriate the appellant to his original post and fillup the
post of BCMO by way of regular transfer/ posting. Even otherwise,
transfer is nothing more than an incident of service and all
Government employees can be subjected to transfer, if
administrative exigencies so warrant.
In view of aforesaid discussion, we find no merit in this case.
Accordingly, the present special appeals are dismissed.
No order as to costs.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
55-56. Prashant/-
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