Rajasthan High Court - Jodhpur
Ajit Kaur vs The State Of Rajasthan ... on 1 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:47028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11166/2018
Ajit Kaur W/o Shri Harnek Singh, Aged About 50 Years, Vpo
Barwali, Tehsil Nohar District Hanumangarh.
----Petitioner
Versus
1. The State Of Rajasthan, Secretary, Department Of
Medical And Health, Government Of Rajasthan,
Secretariat, Jaipur.
2. Secretary, Rural Develoopment And Panchayati Raj
Department, Rajasthan, Jaipur
3. Director, Medical And Health Service, Rajasthan, Jaipur
4. Addl. Director (Admn.), Medical And Health Services,
Rajasthan, Jaipur
5. The Chief Medical And Health Officer, Hanumangarh.
6. Smt. Sajjana Kumari, A.n.m. Posted At Sub Health
Centre, Thirana, Tehsil Nohar District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. GR Bhari
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/11/2025
1. The controversy involved in the present case is squarely
covered by the judgment passed by a co-ordinate Bench of this
Court in S.B. Civil Writ Petition No.11862/2017 (Samleta Vs.
State of Rajasthan & Ors.). The same is being reproduced
hereinbelow:-
"1. It is a case of inter district transfer. The petitioner
was appointed as ANM. On 02.10.2010 by a notification
issued by the State Government all Primary Health
Centres and Community Health Centres in rural areas
(Uploaded on 04/11/2025 at 02:15:18 PM)
[2025:RJ-JD:47028] (2 of 3) [CW-11166/2018]
including the staff was transferred from the Medical and
Health Department of the State to the Panchyati Raj
Institutions, requiring service to be governed by the
Rajasthan Panchyati Raj (Transfer Activities) Rules,
2011. Pertaining to transfer, Rule 8 reads as under:
"8.Transfer:- Transfer of such transferred
employees shall be made under the transfer policy and
directions issued by the State Government from time to
time, by:-
(i) the Administration and Establishment
Committee of the Panchyat Samiti concerned within the
same Panchayat Samiti.
(ii) the District Establishment Committee of the
Zila Parishad concerned from one Panchayat Samiti to
another Panchayat Samiti within the same District.
(iii) the department Concerned from one district
to another district with the consent of the Panchayat
Raj Department."
2. As per sub-rule (iii) whilst the department
concerned i.e. the Medical and Health Department
would be entitled to transfer ANMs from one district to
the other, but since the employees become employees
of Panchayati Raj Institutions, this has to be with the
consent of the Panchayati Raj Department.
3. Concededly no such consent was taken. I note
that vide order dated 20.9.2017 it was directed that
joining of duties by the petitioner pursuant to impugned
transfer order dated 15.9.2017 at the place where she
has been transferred shall be subject to the decision of
the writ petition.
4. The respondents have not been able to show to
the Court as to why consent of the Panchayti Raj
Department is not warranted.
5. The petition is disposed of quashing the transfer
order dated15.9.2017 qua the petitioner."
(Uploaded on 04/11/2025 at 02:15:18 PM)
[2025:RJ-JD:47028] (3 of 3) [CW-11166/2018]
2. Since the order passed without obtaining prior consent of the
Panchayati Raj Institution so also taking into account the fact that
the transfer order was passed seven years back, it is deemed
expedient in the interest of justice to allow the instant writ petition
making the interim order (dated 01.08.2018 passed by a co-
ordinate Bench of this Court) absolute.
3. Accordingly, the instant writ petition is allowed.
4. The transfer order dated 12.07.2018 passed by the
respondent No.4 is hereby quashed and set aside qua the
petitioner.
5. Pending applications if any as well as stay petition stand
disposed of.
6. The respondent authority is not precluded from passing a
fresh order in accordance with law and the guiding judgment
referred supra.
(FARJAND ALI),J
3-divya/-
(Uploaded on 04/11/2025 at 02:15:18 PM)
Powered by TCPDF (www.tcpdf.org)
