Rajasthan High Court - Jodhpur
Dr Shahina Khan vs State Of Rajasthan (2025:Rj-Jd:7541) on 6 February, 2025
[2025:RJ-JD:7541]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3349/2025
Dr Shahina Khan W/o Parvez Khan, Aged About 34 Years, R/o
240A Mohan Nagar Bjs Colony Jodhpur. Presently Posted At
Community Health Center Banar Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health Department, Jaipur.
2. The Director, Medical And Health Services, Jaipur.
3. Block Chief Medical Officer, Mandore Jodhpur Rural.
----Respondents
For Petitioner(s) : Mr. M.A. Siddiqui
For Respondent(s) : Mr. Mukesh Dave, AGC
Mr. Vivek Sharma
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
06/02/2025
1. Yet again, another expectant mother--four months into her
pregnancy--is before this Court seeking judicial intervention as a
consequence of the State's sheer apathy and callous disregard for
basic human dignity. Assailed herein is an order dated 15.01.2025
(Annex.-4), relocating the petitioner, serving as a homeopathic
medical officer, from Community Health Centre, Banad, Jodhpur to
Community Health Centre, Bagru, Jaipur.
2. In the aforesaid backdrop, I have heard the rival contentions
and perused the case file.
3. Learned counsel for the petitioner argues that transfer
contravenes Rule 8 of the Rajasthan Panchayat Raj (Transferred
Activities) Rules, 2011. He further contends that the petitioner,
[2025:RJ-JD:7541] (2 of 3) [CW-3349/2025]
who is at the advanced stage of her pregnancy, cannot be
transferred at this juncture due to her medical condition.
4. Per contra learned counsel for respondents argues that
transfer is an integral part of service conditions of a government
employee and the same arise out of the administrative exigencies.
Therefore, no indulgence is warranted by this Court.
5. At the outset, reference may be had to a judgment rendered
by this very bench Court in Jyoti Parmar Vs State Institute Of
Health And Family Welfare & Ors. : S.B. Civil Writ Petition
No.1422/2025 (decided on 23.01.2025) followed by another one
in Sulochna Vs. State of Raj. & Ors. : SBCWP No.1905/2025,
decided on 28.01.2025. Reasons and discussion rendered therein
be read as part and parcel of order herein.
6. Reverting to the case in hand, if the petitioner is to comply
with the transfer order impugned herein, she will have to travel
650 kms. (325 km. each way) everyday during her maternity. Not
only that, travel would also necessarily entail health hazards for
both mother as well as the infant, be it pre-natal or post-natal.
7. In the premise, the writ petition is allowed. The impugned
transfer order dated 15.01.2025 is quashed. The respondents are
directed to retain her on her current posting to obviate a situation,
which is, to quote the statutory language- "likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her
miscarriage or otherwise to adversely affect her health so as to enable her to
discharge her duties without being fearful of losing her livelihood.
8. Pending application(s), if any, also stand(s) disposed of.
(ARUN MONGA),J
[2025:RJ-JD:7541] (3 of 3) [CW-3349/2025]
44-DhananjayS/Rmathur/-
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