Rajasthan High Court - Jodhpur
Prakash Chandra Meena vs State Of Rajasthan (2025:Rj-Jd:47091) on 1 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:47091]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17460/2021
Prakash Chandra Meena S/o Shri Khana Ram Meena, Aged About
35 Years, Resident Of Raghunathpura, District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Panchayati Raj, Government Of Rajasthan, Jaipur.
2. The Director, Panchayati Raj Department, Jaipur.
3. The District Programme Coordinator (Egs) - Cum - District
Collector, Bhilwara.
4. The Additional District Programme Coordinator And Chief
Executive Officer, Zila Parishad Bhilwara.
5. The Vikash Adhikari, Panchayat Samiti Jahajpur, District
Bhilwara.
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Mr. Vinay Chhipa
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
including the staff was transferred from the Medical and
Health Department of the State to the Panchyati Raj
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[2025:RJ-JD:47091] (2 of 3) [CW-17460/2021]
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."
2. Since the order passed without obtaining prior consent of the
Panchayati Raj Institution so also taking into account the fact that
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[2025:RJ-JD:47091] (3 of 3) [CW-17460/2021]
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 14.12.2021 passed by a co-
ordinate Bench of this Court) absolute.
3. The transfer order dated 01.12.2021 (Annex.2) passed by
the respondent No.3 is hereby quashed and set aside qua the
petitioner.
4. Pending applications if any as well as stay petition stand
disposed of.
5. The respondent authority is not precluded from passing a
fresh order in accordance with law and the guiding judgment
referred supra.
(FARJAND ALI),J
40-chhavi/-
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