Bharti Mochi vs State Of Rajasthan (2025:Rj-Jd:22324)
2025 Latest Caselaw 651 Raj

Rajasthan High Court - Jodhpur

Bharti Mochi vs State Of Rajasthan (2025:Rj-Jd:22324) on 8 May, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:22324]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 8883/2025

Bharti Mochi D/o Ramesh Chandra W/o Kanhaiya Gujarati Mochi,
Aged About 34 Years, Resident Of 50 Mohan Garh Nichla Chowk
Nathdwara District Rajsamand Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Director Medical And
         Health Department Government Of Rajasthan Jaipur.
2.       State Institute Of Health And Family Welfare (Sihfw),
         Through Its Director, Jhalana Doongri Colony, Ghat Ki
         Guni, Jaipur, Rajasthan 302004
3.       Joint Director, Medical And Health Services, Zone Udaipur.
4.       Chief Medical And Health Officer, Rajsamand Rajasthan.
5.       Chief Medical And Health Officer, Pali Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ripudaman Singh
For Respondent(s)         :     Mr. Mukesh Dave, Dy.G.C.



              HON'BLE MS. JUSTICE REKHA BORANA

Order

08/05/2025

1. The present writ petition has been filed with a prayer that

the respondents be directed to assign some alternative place of

posting to the petitioner keeping into consideration the fact that

she is pregnant and would suffer serious hardship if she is to

continue on her transferred place of posting at Pali which is 100

km. away from her place of residence.

2. Counsel for the petitioner while relying upon the judgment

passed by a Co-ordinate Bench of this Court in Jyoti Parmar Vs.

State Institute of health and Family Welfare & Ors.;S.B.

[2025:RJ-JD:22324] (2 of 2) [CW-8883/2025]

Civil Writ Petition No.1422/2025 (decided on 23.01.2025)

submitted that the representation of the petitioner be also decided

in light of the ratio laid down in Jyoti Parmar (supra).

3. Counsel for the respondent-Department however submits

that the process of granting the place of posting is completely

computerized and there is no human intervention in the same. The

decision regarding posting is made in accordance with the settled

norms of the Department and those who fall within the categories

of the said norms are definitely given the preference. However, as

the petitioner did not file any representation before the

respondent-authorities, no consideration could have been made

before granting her place of posting.

4. In view of the submission made, the present writ petition is

disposed of with a direction to the competent

authority/respondents to decide the representation of the

petitioner if filed within a period of one week from now. The

representation be decided sympathetically within a period of three

weeks thereafter in accordance with law, keeping in view the

vacant seat, if any, in District Rajsamand.

5. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 25-praveen/-

Powered by TCPDF (www.tcpdf.org)