Amol Parmar vs The State Of Rajasthan ...
2023 Latest Caselaw 3667 Raj

[2023/RJJD/012149]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15340/2022

Dr. Amol Parmar S/o Laxman Parmar, Aged About 48 Years, B/c Meena, R/o 20 Ajad Nagar, New Colony, District Dungarpur. (Presently Working As Senior Medical Officer, Bcmo, Simalwada, District Dungarur).

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Medical And Health Services, Rajasthan, Jaipur.

2. Joint Secretary, Medical And Health, Medical And Health (Group-2) Department And Panchayati Raj (Medical) Department, Government Of Rajasthan, Jaipur.

3. Director, (Public Health / Esi), Medical And Health Services, Rajasthan, Jaipur.

4. Dr. Jaivy Joshi D/o Shri Vijay Kumar, R/o Ward No. 3, Mandli Road, Simalwara, District Dungarpur

----Respondents Connected With S.B. Civil Writ Petition No. 16773/2022 Dr.Amol Parmar S/o Laxman Parmar, Aged About 48 Years, B/c Meena, R/o 20 Ajad Nagar, New Colony, District Dungarpur. (Presently Working As Senior Medical Officer, Bcmo, Simalwada, District Dungarpur).

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Medical And Health Services, Rajasthan, Jaipur.

2. Joint Secretary, Medical And Health, Medical And Health (Group-2) Department And Panchayati Raj (Medical) Department, Government Of Rajasthan, Jaipur.

3. Director (Public Health / Esi), Medical And Health Services, Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Dr.RDSS Kharlia & Ms. Kinjal Purohit For Respondent(s) : Mr. Rishabh Tayal, Mr. Jitendra

[2023/RJJD/012149] (2 of 2) [CW-15340/2022]

Choudhary, Mr. K.S. Rajpurohit, AAG assisted by Mr. Lucky Rajpurohit.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

26/04/2023

Heard learned counsel for the parties.

Learned counsel for the parties are in agreement that the

controversy involved in both the writ petitions are squarely

covered by a judgment of this Court rendered in State of

Rajasthan & Ors. vs. Mool Shanker (D.B. Special Appeal

Writ No.683/2021), decided on 14/01/2022.

In view of the submissions made by learned counsel for the

parties, both the writ petitions are allowed.

Resultantly, the transfer order dated 07/10/2022 (Annex.6)

in SBCWP No.15340/2022 and transfer order dated 04/11/2022

(Annex.11) in SBCWP No.16773/2022 are quashed and set aside.

However, it is made clear that the respondents will be free to

issue fresh transfer order in accordance with law, if the

administrative exigency so warrants.

(VINIT KUMAR MATHUR),J 14-SanjayS/-

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