Veeram Singh vs The State Of Rajasthan ...
2025 Latest Caselaw 14746 Raj

Citation : 2025 Latest Caselaw 14746 Raj
Judgement Date : 1 November, 2025

Rajasthan High Court - Jodhpur

Veeram Singh vs The State Of Rajasthan ... on 1 November, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:47037]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 11628/2018

Mohd. Islam Khan S/o Nawab Khan, Aged About 35 Years, Truck
Stand, Bhim, District Rajsamand, Rajasthan
                                                                       ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through Secretary, Primary
         Education, Secretariat, Jaipur
2.       Director, Primary Education, Bikaner
3.       Joint Secretary, Administration, Primary Education And
         Panchayati Raj, Secretariat, Jaipur
4.       District Education Officer, Primary, Rajsamand
5.       District Education Officer, Secondary, Rajsamand
                                                                   ----Respondents
                                Connected With
                S.B. Civil Writ Petition No. 11623/2018
Veeram Singh S/o Tej Singh, Aged About 50 Years, Village
Fevdiguar,      Post   Basar,         Tehsil    Bhim,       District    Rajsamand,
Rajasthan
                                                                       ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through Secretary, Primary
         Education, Secretariat, Jaipur
2.       Director, Primary Education, Bikaner
3.       Joint Secretary, Administration, Primary Education And
         Panchayati Raj, Secretariat, Jaipur
4.       District Education Officer, Primary, Rajsamand
5.       District Education Officer, Secondary, Rajsamand
                                                                   ----Respondents


For Petitioner(s)           :     None Present
For Respondent(s)           :     -


                HON'BLE MR. JUSTICE FARJAND ALI

Order

01/11/2025

(Uploaded on 04/11/2025 at 12:47:23 PM)

[2025:RJ-JD:47037] (2 of 3) [CW-11628/2018]

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 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.

(Uploaded on 04/11/2025 at 12:47:23 PM)

[2025:RJ-JD:47037] (3 of 3) [CW-11628/2018]

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. The petitioner was directed to be transferred vide the order

dated 04.07.2018. Seven years have elapsed. Due to currency of

interim order dated 08.08.2018, the petitioner is sitting at the

same place. In this view of the matter and in the interest of

justice, the instant writ petition is allowed and the interim order

dated 08.08.2018 is hereby made absolute. The impugned

transfer order dated 04.07.2018 and the order dated 27.07.2018

passed by the learned Tribunal, Jodhpur is hereby quashed and set

aside.

3. Pending applications, if any, as well as stay petition stand