Banwari Lal Meena vs State Of Rajasthan
2022 Latest Caselaw 12159 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 11404/2022

Dr. Banwari Lal Meena S/o Shri Nand Kishore Meena, aged about 48 Years, Resident of 68/25-26 Heerapath, Mansarowar, Jaipur, at present posted as Chief Medical and Health Officer, Bikaner.

----Petitioner Versus

1. State of Rajasthan through the Secretary, Department of Medical and Health, Secretariat, Jaipur.

2. Joint Secretary (Group-2), Medical and Health Department, Secretariat, Jaipur.

3. Director, Medical and Health Services, Tilak Marg, Jaipur.

4. Principal Secretary, Department of Rural Development and Panchayati Raj, Rajasthan, Jaipur.

5. Dr. M. Abarar, at present posted at Fort Dispensary, Bikaner.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Vikas Bijarnia.
For Respondent(s)          :     Ms. Vandana Bhansali, AGC.
                                 Mr. Deen Dayal Chitlangi, R-5.



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                      Order

10/10/2022

This writ petition has been filed by the petitioner aggrieved

against the order dated 03.08.2022 (Annex.3) whereby the

petitioner, who was working as Chief Medical and Health Officer,

Bikaner has been transferred to Sub District Hospital, Sikrai,

Dausa.

Submissions have been made that the action of the

respondents in transferring the petitioner from the post of Chief

(2 of 4) [CW-11404/2022]

Medical and Health Officer to Sub District Hospital, Dausa is not

justified, as the same is in violation of provisions of Rule 8 (iii) of

the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011

('Rules of 2011'). Further submissions have been made that while

posting the petitioner at Dausa, it has not been indicated as to on

what post the petitioner is to take charge and therefore, the action

of the respondents in this regard, deserves to be quashed and set

aside.

A reply to the writ petition has been filed by the State inter-

alia pointing out that under Circular dated 15.03.2022

(Annex.R/2) providing for the posting of Chief Medical and Health

officer(s) at various places, as the petitioner do not fulfill the

requirement, he was accorded posting by order dated 03.08.2022

(Annex.3). Further, during the course of pendency of the present

petition, by order dated 07.09.2022, the order dated 03.08.2022

was amended and it was indicated that the petitioner would join

on the post of Senior Medical Officer at Dausa.

Learned counsel also made submissions that during

pendency of the present writ petition, on 15.09.2022 the

petitioner has joined at the transferred place and, therefore, the

petition even otherwise has been rendered infructuous.

Learned counsel appearing for respondent No.5 supported

the respondents and indicated that departmental enquiry against

the petitioner is also in contemplation, which in terms of Circular

dated 15.03.2022 (Annex.R/2) also dis-entitles the petitioner to

continue as Chief Medical and Health Officer.

Learned counsel for the petitioner relying on order in Hira Lal

Tabiyar vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition

No.10796/2022 decided on 27.09.2022 made submissions that

(3 of 4) [CW-11404/2022]

irrespective of submissions made, as the Rules of 2011 have not

been complied with, the order passed by the respondents is bad in

law and therefore, deserves to be quashed and set aside.

I have considered the submissions made by the counsel for

the parties and have perused the material available on record.

The plea taken by the respondents in reply to writ petition is

specific that as the post of Chief Medical and Health Officer is

administrative in nature and in terms of Circular dated

15.03.2022, whereby the respondents have decided to prepare a

pool of the officers, who could be posted as Chief Medical and

Health officers and had provided for certain qualifications for the

said purpose, and as the petitioner even does not fulfill the said

requirement, inasmuch as essentially he was not having the grade

pay of Rs.7600/-, the petitioner was not entitled to continue to

remain posted as Chief Medical and Health officer; and therefore,

he has not been transferred and has only been accorded posting

at Dausa. Thus, apparently, the provisions of Rule 8 of the Rules

of 2011, which pertain to transfer of transferred employees, would

have no application.

Further, insofar as non-indication of post, where the

petitioner was to join is concerned, the said defect has been

rectified by passing order dated 07.09.2022 ordering the

petitioner to join as Senior Medical Officer. The petitioner after

passing of the order dated 07.09.2022 has joined on the said post

on 15.09.2022.

So far as the judgment in the case of Hira Lal Tabiyar (supra)

is concerned, this Court while deciding the said petition had

emphasized that as the petitioner therein, who was a Senior

Medical Officer and was posted as Medical Officer, the order

(4 of 4) [CW-11404/2022]

passed therein was bad besides the fact that there was non-

compliance of provisions of Rule 8 as well. In the present case, it

is not the case of the petitioner that he is not holding the

substantive post as Senior Medical Officer and therefore, the

judgment in the case of Hira Lal Tabiyar (supra) is not applicable.

In view of above fact situation, as the petitioner has only

been accorded posting by order dated 03.08.2022 and the

petitioner has already joined on the said post during pendency of

the present petition, no case for interference is made out in the

present writ petition, the same is therefore, dismissed.

(ARUN BHANSALI),J 75-DJ/-

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