Smt. Vimla Chahar W/O Shri Jale ... vs State Of Rajasthan
2023 Latest Caselaw 294 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 1357/2022

Smt. Vimla Chahar W/o Shri Jale Singh, Aged About 55 Years,
R/o 17, Chirawa, District Jhunjhunu. Presently Posted As Anm In
The Office Of Block Chief Medical Officer, Surajgarh, District
Jhunjhunu.
                                                                   ----Appellant
                                   Versus
1.      State Of Rajasthan, Through Its Principal Secretary,
        Medical    And        Health     Department,            Government   Of
        Rajasthan, Secretariat, Jaipur.
2.      Director (Non Gazetted), Medical Health And Family
        Welfare Services, Rajasthan, Jaipur.
3.      Chief Medical And Health Officer, Jhunjhunu.
4.      Block Chief Medical Officer, Surajgarh, District Jhunjhunu.
                                                                ----Respondents

For Appellant(s) : Mr. Vijay Pathak

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

10/01/2023

1. The appeal of the petitioner-appellant against her order of

transfer dated 03.09.2022 was dismissed by the Rajasthan Civil

Services Appellate Tribunal, Jaipur.

2. Aggrieved, petitioner-appellant preferred a writ petition

which has also been dismissed by the impugned order dated

19.10.2022 on the ground that petitioner-appellant was not the

only person who was transferred. About 756 persons were

transferred including the petitioner-appellant. The petitioner-

appellant has no right to stick to a particular place and to oppose

(2 of 2) [SAW-1357/2022]

transfer when she had been working on the same place since

2014.

3 In view of the reasoning given by the learned Single Judge,

as the petitioner-appellant has no vested right to remain posted at

one particular place rather as she is holding a transferable post,

she is liable to be transferred on periodical basis. It is not the case

of the petitioner-appellant that the transfer order has been passed

by some incompetent authority.

4. The submission that at least about 30 similarly situate

persons have been granted interim protection by this Court and

the writ petitions have been entertained, is no ground to stay the

transfer of the petitioner-appellant. Interim orders have no

binding precedent and when one particular petition has been

decided on merits, the judgment and order passed therein would

be followed as a precedent in deciding the remaining 30 cases

where stay orders if any, have been passed.

5. In view of the aforesaid facts and circumstances, the appeal

lacks merit and stands disposed of, with liberty to the petitioner-

appellant to represent to the competent authority if she has any

personal difficulty in working at the transferred place. It is

expected that the representation if any filed shall be decided most

expeditiously.

                                   (SHUBHA MEHTA),J                                               (PANKAJ MITHAL),CJ

                                   ANIL KUMAR GOYAL/RAJAT/7









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