Rajasthan High Court - Jodhpur

The State Of Rajasthan Through ... vs Anita Kumari (2025:Rj-Jd:41024-Db) on 15 September, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:41024-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 1037/2022

1.       State Of Rajasthan, Through The Secretary Department
         Of Medical And Health, Government Secretariat, Jaipur,
         Rajasthan.
2.       Director Non Gazetted, Medical And Health Services Cum
         Additional      Director        Adm.        Panchayati         Raj     Medical
         Department, Rajasthan, Jaipur
3.       The Chief Medical And Health Officer, Hanumangarh,
         District Hanumangarh.
4.       The      Principal       Secretary,          Department           Of     Rural
         Development           And        Panchayati            Raj,     Government
         Secretariat, Rajasthan, Jaipur
                                                                        ----Appellants
                                       Versus
Radha Kumari D/o Om Prakash, Aged About 31 Years, R/o Ward
No. 11, Parlika, 20 Ntr, District Hanumangarh (Raj.). Presently
Working As Anm At Primary Health Center, Parlika, District
Hanumangarh.
                                                                       ----Respondent
                                 Connected With
                   D.B. Spl. Appl. Writ No. 1032/2022
1.       State Of Rajasthan, Through The Secretary Department
         Of Medical And Health, Secretariat, Jaipur.
2.       Director Non Gazetted, Medical And Health Services And
         Additional Director Administration Panchayati Raj Medical
         Department, Tilak Marg, Jaipur.
3.       Chief Medical And Health Officer, Ratangarh, District
         Churu.
4.       Block Chief Medical And Health Officer, Ratangarh, District
         Churu.
5.       Principal Secretary, Department Of Rural Development
         And Panchayati Raj, Rajasthan Jaipur.
                                                                        ----Appellants
                                       Versus
Kaushalya W/o Shri Subhash Chandra, Aged About 41 Years,
Resident Of Beeramsar, Churu, At Present Posted As Anm At Phc


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Tidiyasar, Ratangarh, Churu.
                                                                       ----Respondent
                  D.B. Spl. Appl. Writ No. 1047/2022
1.       State Of Rajasthan, Through The Secretary Department
         Of Medical And Health, Government Secretariat, Jaipur,
         Rajasthan.
2.       Director Non Gazetted, Medical And Health Services Cum
         Additional     Director        Admn.,        Panchayati         Raj     Medical
         Department, Rajasthan, Jaipur
3.       The Chief Medical And Health Officer, Hanumangarh,
         District Hanumangarh.
4.       The     Principal        Secretary,          Department            Of     Rural
         Development           And        Panchayati            Raj,      Government
         Secretariat, Rajasthan, Jaipur.
                                                                        ----Appellants
                                       Versus
Kavita Devi W/o Ravidutt, Aged About 34 Years, R/o. Ward No.
04,    Village   Ramgarh           ,   16      Dpn,      Tehsil     Nohar,       District
Hanumangarh Raj. Presently Working As Anm At Community
Health Centre, Ramgarh, District Hanumangarh.
                                                                       ----Respondent
                  D.B. Spl. Appl. Writ No. 1057/2022
1.       State    Of     Rajasthan,          Through          Principal     Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Secretariat, Jaipur
2.       Principal Secretary, Department Of Rural Development
         And Panchayati Raj, Rajasthan Jaipur.
3.       The Chief Executive Officer, Zila Parishad Hanumangarh.
4.       Director (Non Gazetted), Medical And Health Services And
         Additional      Director       (Administration)            Panchayati       Raj
         (Medical) Department, Tilak Marg, Jaipur.
5.       Chief Medical And Health Officer, Hanumangarh.
6.       Block Chief Medical And Health Officer, Nohar, District
         Hanumangarh.
                                                                        ----Appellants
                                       Versus
Saroj Devi D/o Shri Bhud Ram, Aged About 34 Years, Resident

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Of Ratanpura, Tehsil Nohar, District Hanumangarh At Present
Posted     As      Anm      At     Phc      Jasana,       Tehsil     Nohar,      District
Hanumangarh.
                                                                     ----Respondent
                   D.B. Spl. Appl. Writ No. 1060/2022
1.       State     Of     Rajasthan,          Through          Principal     Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       The     Principal       Secretary,       Department         Of     Rural   And
         Panchayati Raj, Govt. Of Rajasthan, Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Hanumangarh.
4.       Director (Non Gazetted), Medical And Health Services And
         Addl.     Director       (Admn.),           Panchayati      Raj      (Medical)
         Department, Rajasthan Jaipur.
5.       The Chief Medical And Health Officer, Hanumangarh.
6.       Block Chief Medical And Health Officer, Nohar, District
         Hanumangarh.
                                                                      ----Appellants
                                         Versus
Satrupa D/o Shri Santlal W/o Krishan Kumar, Aged About 40
Years,    Resident       Of      Vpo     Ajeetpura,        Tehsil    Bhadra      District
Hanumangarh. At Present Working As A.n.m. Posted At Chc
Fefana, Block Nohar District Hanumangarh.
                                                                     ----Respondent
                   D.B. Spl. Appl. Writ No. 1064/2022
1.       State Of Rajasthan, Through The Secretary, Department
         Of Medical And Health, Secretariat, Jaipur.
2.       Director (Non-Gazetted), Medical And Health Services And
         Additional       Director        (Administration),          Panchayat       Raj
         (Medical) Department, Tilak Marg, Jaipur.
3.       Chief Medical And Health Officer, Jalore, District Jalore.
4.       Block Chief Medical And Health Officer, Ahore, District
         Jalore.
5.       Principal Secretary, Department Of Rural Development
         And Panchayati Raj, Rajasthan, Jaipur.
                                                                      ----Appellants
                                         Versus

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Bhanwar Singh Rathore S/o Late Shree Jabbar Singh, Aged
About 42 Years, R/o Village Narnadi, Tehsil Luni, District Jodhpur
At Present Working At Ahore, District Jalore, Rajasthan.
                                                                    ----Respondent
                    D.B. Spl. Appl. Writ No. 1079/2022
1.        State Of Rajasthan, Through Its Secretary, Medical And
          Health Services, Government Of Rajasthan Secretariat,
          Jaipur.
2.        Director (Non Gazetted), Medical And Health Services,
          Government Of Rajasthan Health Bhawan, Jaipur.
3.        Chief Medical And Health Officer, Jodhpur.
4.        Zila Parishad Jodhpur, Through Its Chief Executive Officer.
5.        Block Chief Medical Officer, Mandore, District Jodhpur.
                                                                     ----Appellants
                                       Versus
Ramesh Gurjar S/o Shri Anna Ram, Aged About 29 Years, Village
/ Post Harsolav, Tehsil Merta City, District Jodhpur (Raj.)
Presently Posted Under Bcmo Office Mandore, District Jodhpur.
                                                                    ----Respondent
                    D.B. Spl. Appl. Writ No. 1089/2022
1.        The State Of Rajasthan To The Secretary, Department Of
          Medical And Health, Govt. Of Rajasthan Secretariat,
          Jaipur.
2.        The Director (Non Gazzeted), Medical And Health Service
          And Additional Director (Administration), Panchayati Raj
          (Medical) Department, Rajasthan Jaipur.
3.        The Chief Executive Officer, Zila Parishad Nagaur.
4.        The Chief Medical And Health Officer, Nagaur, District
          Nagaur.
                                                                     ----Appellants
                                       Versus
Mukesh Ola W/o Shri Vijendra Singh, Aged About 39 Years, R/o
Village Post Ghardana Kalan, Tehsil Buhana, District Jhunjhunu
(Raj.).
                                                                    ----Respondent
                    D.B. Spl. Appl. Writ No. 1095/2022


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1.       State Of Rajasthan, Through The Secretary, Department
         Of Medical And Health, Government Secretariat, Jaipur,
         Rajasthan.
2.       The Director (Non Gazetted), Medical And Health Services
         Cum      Additional       Director        (Admn.),         Panchayati        Raj
         (Medical) Department, Rajasthan Jaipur.
3.       The Chief Medical And Health Officer, Hanumangarh,
         District Hanumangarh.
4.       The      Principal       Secretary,          Department              Of     Rural
         Development           And        Panchayati            Raj,        Government
         Secretariat, Rajasthan Jaipur.
                                                                        ----Appellants
                                       Versus
Kulvinder Jeet Kour W/o Pramjeet Singh, Aged About 57 Years,
R/o Ward No. 5, Gogameri, 5 Ggm, District Hanumangarh (Raj.),
Presently Working As Anm At Primary Health Center, Gogameri,
District Hanumangarh.
                                                                       ----Respondent
                   D.B. Spl. Appl. Writ No. 1096/2022
1.       The State Of Rajasthan Through Principal Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan Secretariat, Jaipur.
2.       The    Principal      Secretary,        Department            Of    Rural    And
         Panchayati Raj, Govt. Of Rajasthan, Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Churu.
4.       Director (Non Gazetted), Medical And Health Services And
         Add.     Director       (Admn.),          Panchayati          Raj     (Medical)
         Department, Rajasthan, Jaipur.
5.       The Chief Medical And Health Officer, Ratangarh, District
         Churu.
6.       Block Chief Medical Officer, Churu District Churu.
                                                                        ----Appellants
                                       Versus
Anita Kumari D/o Shri Dariya Singh Rahar, Aged About 32 Years,
Resident Of Village Bhuwadi, Tehsil Rajgarh District Churu. At
Present Working As A.n.m. Posted At Chc Prithvisar, Block Churu
District Churu.


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                                                                       ----Respondent
                   D.B. Spl. Appl. Writ No. 1109/2022
1.       State Of Rajasthan, Through The Secretary, Department
         Of Medical And Health, Government Secretariat, Jaipur,
         Rajasthan.
2.       The     Director     (Non       Gazetted),         Medical       And    Health
         Services-Cum-Additional Director (Admn.), Panchayati Raj
         (Medical) Department, Rajasthan, Jaipur.
3.       The Chief Medical And Health Officer, Hanumangarh,
         District Hanumangarh.
4.       The      Principal       Secretary,          Department            Of    Rural
         Development           And        Panchayati            Raj,      Government
         Secretariat, Rajasthan, Jaipur.
                                                                        ----Appellants
                                       Versus
Sajjana Kumari W/o Rajesh Kumar, Aged About 31 Years,
Resident Of Ward No. 8, Ramgarh, District Hanumangarh Raj..
Presently Working As Anm At Sub Health Center, Barwali Nohar,
District Hanumangarh.
                                                                       ----Respondent
                   D.B. Spl. Appl. Writ No. 1118/2022
1.       State     Of    Rajasthan,          Through          Principal     Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       Principal Secretary, Department Of Rural Development
         And Panchayati Raj, Rajasthan Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Hanumangarh.
4.       Director (Non Gazetted), Medical And Health Services And
         Additional      Director       (Administration)            Panchayati      Raj
         (Medical) Department, Tilak Marg, Jaipur.
5.       Chief Medical And Health Officer, Hanumangarh.
6.       Block Chief Medical And Health Officer, Nohar, District
         Hanumangarh.
                                                                        ----Appellants
                                       Versus
Sona W/o Shri Dilip Kumar, Aged About 34 Years, Resident Of
V.p.o. Lalaniya, Tehsil Nohar, District Hanumangarh At Present

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Posted     As      Anm      At     Phc      Birkali,      Tehsil     Nohar,      District
Hanumangarh.
                                                                      ----Respondent
                   D.B. Spl. Appl. Writ No. 1125/2022
1.       State Of Rajasthan, Through Its Secretary, Medical And
         Health     Department,               Government             Of      Rajasthan,
         Secretariat, Jaipur (Raj.).
2.       Director (Non Gazzattee), Medical And Health Services
         And Additional Director (Administration), Panchayatiraj
         (Medical) Department, Rajasthan Tilak Marg, Swasthya
         Bhawan, Jaipur (Raj.).
3.       Chief Medical And Health Officer, Churu, District Churu
         (Raj.).
4.       Block Chief Medical And Health Officer, Block Ratangarh,
         District Churu (Raj.).
                                                                          ----Appellants
                                         Versus
Smt. Preetika Prajapat W/o Shri Deepak Chejara, Aged About 34
Years, Resident Of Chejaro Ka Mohalla, Ward No. 15, Bissau,
District Jhunjhunu (Raj.).
                                                                      ----Respondent
                   D.B. Spl. Appl. Writ No. 1131/2022
1.       State Of Rajasthan Through Its Secretary, Medical And
         Health Services, Government Of Rajasthan Secretariat,
         Jaipur.
2.       Director (Non Gazetted), Medical And Health Services,
         Government Of Rajasthan Health Bhawan, Jaipur.
3.       Chief Medical And Health Officer, Nagaur.
4.       The Block Chief Medical Officer, Degana, District Nagaur.
5.       The Medical Officer In Charge, Kitalsar, Block Degana,
         Panchayat Samiti Degana, District Nagaur
6.       The Panchayat Samiti Degana, District Nagaur Through
         Its Block Development Officer.
                                                                          ----Appellants
                                         Versus
Ramswaroop Kaswan S/o Shri Ramdayal, Aged About 46 Years,
Resident Of Mp Gali, Degana, Tehsil Degana, District Nagaur

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(Raj.)
                                                                     ----Respondent
                   D.B. Spl. Appl. Writ No. 158/2023
1.       The State Of Rajasthan, Through Principal Secretary
         Medical And Health Department, Govt. Of Rajasthan
         Secretariat, Jaipur.
2.       Director (Non Gazetted), Medical, Health And Family
         Welfare Services, Rajasthan Swasthya Bhawan, Tilak
         Marg, Jaipur
3.       Chief Medical And Health Officer, Bhilwara
4.       Block Chief Medical Officer, Jahajpur District Bhilwara.
5.       Medical Officer Inchrage, Chc Jahajpur District Bhilwara
                                                                      ----Appellants
                                       Versus
Ravindra Meena S/o Shri Ramsingh Meena, Aged About 30 Years,
R/o Village Lohari Khurd, Post Lohari Kalan, Tehsil Jahajpur,
District Bhilwara Presently Working On The Post Of Nurse Grade
Ii At Chc Jahajpur District Bhilwara.
                                                                     ----Respondent
                   D.B. Spl. Appl. Writ No. 160/2023
1.       State    Of     Rajasthan,          Through          Principal     Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       Principal Secretary, Department Of Rural Development
         And Panchayati Raj, Rajasthan Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Hanumangarh.
4.       Director (Non-Gazetted), Medical And Health Services And
         Additional      Director       (Administration)            Panchayati      Raj
         (Medical) Department, Tilak Marg, Jaipur.
5.       Chief Medical And Health Officer, Hanumangarh.
6.       Block Chief Medical And Health Officer, Nohar, District
         Hanumangarh.
                                                                      ----Appellants
                                       Versus
Krishna Jal W/o Shri Sunil Kumar, Aged About 35 Years, Resident
Of Phc Topariya, Tehsil Nohar, District Hanumangarh At Present


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Posted     As    Anm      At    Phc      Topariya,        Tehsil    Nohar,      District
Hanumangarh.
                                                                    ----Respondent
                   D.B. Spl. Appl. Writ No. 162/2023
1.       The State Of Rajasthan, Through Principal Secretary
         Medical And Health Department, Govt. Of Rajasthan
         Secretariat, Jaipur.
2.       Director (Non Gazetted), Medical, Health And Family
         Welfare Services, Rajasthan, Swasthya Bhawan, Tilak
         Marg, Jaipur.
3.       Chief Medical And Health Officer, Bhilwara.
4.       Block Chief Medical Officer, Jahajpur District Bhilwara.
5.       Medical Officer Incharge, Chc Jahajpur District Bhilwara
                                                                     ----Appellants
                                       Versus
Harishankar Regar S/o Shri Kailash Chand Regar, Aged About 32
Years, R/o Ambedkar Colony, Ward No. 2 Jahajpur, District
Bhilwara Presently Working On The Post Of Nurse Grade-Ii At
Chc Jahajpur District Bhilwara.
                                                                    ----Respondent
                   D.B. Spl. Appl. Writ No. 240/2023
1.       State    Of     Rajasthan,          Through          Principal     Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       Principal Secretary, Department Of Rural And Panchayati
         Raj, Govt. Of Rajasthan Jaipur.
3.       Chief Executive Officer, Zila Parishad, Hanumangarh.
4.       Director (Non Gazetted), Medical And Health Services And
         Add.    Director        (Admn.),          Panchayati       Raj      (Medical)
         Department, Rajasthan, Jaipur.
5.       Chief Medical And Health Officer, Hanumangarh
6.       Block Chief Medical And Health Officer, Rawatsar, District
         Hanumangarh
                                                                     ----Appellants
                                       Versus
Maya Devi D/o Shri Kashi Ram, Aged About 29 Years, Resident


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Of Chhoti Gandhi, Tehsil Bhadra District Hanumangarh. At
Present Working As A.n.m. Posted At Phc Baramsar, District
Hanumangarh
                                                                    ----Respondent


For Appellant(s)             :     Mr. N.S. Rajpurohit, AAG
                                   Mr. Bharat Singh Rathore
For Respondent(s)            :     --



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE BIPIN GUPTA

Order

15/09/2025

1. Learned Additional Advocate General Mr. N.S. Rajpurohit has

referred to the judgment rendered by the Division Bench of this

Hon'ble Court in D.B. Spl. Appl. Writ No.315/2025 (Poonama

Ram Vs. The State of Rajasthan & Ors. ; decided on

20.02.2025).

2. The operative portion of the aforesaid judgment is

reproduced as under :

"7. Once, it has been held that ex post facto sanction is permissible, challenge to the transfer order on the ground that consent was not obtained, is not tenable and liable to be rejected.

8. We also find that the learned Single Judge has issued a direction to the State to complete the process of grant of sanction within a period of 30 days.

9. But for the aforesaid direction, we would have considered this aspect as to whether even if it is permissible to grant ex post facto sanction, is it permissible to delay such ex post facto consent for indefinite period.

10. We concur with the view taken by the learned Single Judge that even in such case of ex post facto consent, the same is required to be completed within a reasonable period and it cannot be kept pending for an indefinite period.

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11. In the present case, we are not inclined to say further on the aspects of statutory violation because the learned Single Judge has directed the exercise of ex post facto consent to be completed within a period of one month.

12. The ground of personal difficulties raised in this appeal is matter of consideration by the competent authority. The appellant may prefer a representation within a period of three weeks which may be considered and decided by the competent authority.