Allowed

Vikram Singh v. State of Rajasthan and Ors.

Rajasthan HC2 Jan 2019CW/3442/2018

Case brief

AI extract

What is this about?

The High Court quashed an order transferring PHC/CHC medical officers to Medical College, Pali, holding that consent from the Panchayati Raj Department under Rule 8 of 2011 was mandatory. The court also directed payment of outstanding salaries.

What did the court decide?

The impugned order dated 27.02.2018 was quashed and set aside. Petitioners were to be paid outstanding salaries within two weeks.

Vikram Singh Vs State of Rajasthan and Ors. — Service and Employment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 3371/2018

¶3

Gayatri Ojha D/o Late Shri Narottam Lal Ojha, W/o Yogeshwar Prasad Dwivedi, By Caste Brahmin, R/o Subhash Colony, New Bus Stand Road, Sanchore, District Jalore Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajasthan Through The Director, Medical And Health Department, Jaipur Raj..

¶7

The Additional Director, Medical And Health Department, Jodhpur Raj..

¶8

The Chief Medical And Health Officer, Jalore Raj..

¶9

----Respondents

¶10

Connected With

¶11

S.B. Civil Writ No. 3411/2018

¶12

Sharwan Kumar S/o Shri Bhana Ram, R/o Village Khambhrai, Post Dungry, Tehsil Chitalwana, District Jalore Raj.

¶13

----Petitioner

¶14

Versus

¶15

The State Of Rajasthan Through The Secretary, Department Of Medical And Health, Secretariat, Rajasthan, Jaipur.

¶16

The Additional Director Admn., Medical And Health Services, Government Of Rajasthan, Jaipur.

¶17

The Chief Medical And Health Officer, Jalore.

¶18

The Officer Incharge, Primary Health Centre, Dungry, Jalore.

¶19

----Respondents

¶20

S.B. Civil Writ No. 3434/2018

¶21

Uttam Kumar S/o Shri Mitha Ram, Resident Of Jagjiwan Ram Colony, Chungi Naka, Daspa Road, Bhinmal, District Jalore.

¶22

----Petitioner

¶23

Versus

¶24

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶25

Additional Director Administration Medical And Health

¶26

(2 of 11)

¶27

[CW-3371/2018]

¶28

Services, Health Bhawan, Tilak Marg, Jaipur.

¶29

The Chief Medical And Health Officer, Jalore.

¶30

Primary Health Centre Sewari, Block Bhinmal, District Jalore.

¶31

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶32

----Respondents

¶33

S.B. Civil Writ No. 3435/2018

¶34

Sanwla Ram son of Shri Peera Ram Nai, aged about 38 years, resident of Village / Post Hathigaon, Tehsil Chitalwana, District Jalore.

¶35

----Petitioner

¶36

Versus

¶37

State of Rajasthan through its Principal Secretary, Department of Medical & Health, Secretariat, Jaipur.

¶38

Additional Director (Administration), Medical & Health

¶39

Services, Health Bhawan, Tilak Marg, Jaipur.

¶40

The Chief Medical and Health Officer, Jalore.

¶41

Primary Health Centre duthwa, Block Chitalwana, District Jalore.

¶42

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶43

----Respondent

¶44

S.B. Civil Writ No. 3436/2018

¶45

Harish Khilery S/o Shri Bhikha Ram Khilery, Resident Of Village/post Sahu/ Daukiyon Ki Dhani, Hemaguda, Tehsil Chitalwana, District Jalore.

¶46

----Petitioner

¶47

Versus

¶48

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶49

Additional Director Administration, Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶50

The Chief Medical And Health Officer, Jalore.

¶51

Primary Health Centre Jhab, Block Chitalwana, District Jalore.

¶52

The Principal Secretary, Department Of Rural

¶53

(3 of 11)

¶54

[CW-3371/2018]

¶55

Development And Panchayati Raj, Rajasthan, Secreatriat, Jaipur.

¶56

----Respondents

¶57

S.B. Civil Writ No. 3437/2018

¶58

Raghunath Ram S/o Shri Heera Lal Suthar, Resident Of Village Post Chitalwana, Tehsil Chitalwana, District Jalore.

¶59

----Petitioner

¶60

Versus

¶61

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶62

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶63

The Chief Medical And Health Officer, Jalore.

¶64

Primary Health Centre Akoli, Block Chitalwana, District Jalore.

¶65

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶66

----Respondents

¶67

S.B. Civil Writ No. 3439/2018

¶68

Om Prakash S/o Shri Mohan Lal Bishnoi, Resident Of Village Bhatip, Post Pamana, Tehsil Raniwara, District Jalore.

¶69

----Petitioner

¶70

Versus

¶71

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶72

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶73

The Chief Medical And Health Officer, Jalore.

¶74

Primary Health Centre Modran, Block Jasawantpura, District Jalore.

¶75

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶76

----Respondents

¶77

S.B. Civil Writ No. 3440/2018

¶78

Jabra Ram S/o Shri Pratapa Ram Suthar, Resident Of Village Post

¶79

(4 of 11)

¶80

[CW-3371/2018]

¶81

Aalri, Tehsil Raniwara, District Jalore.

¶82

----Petitioner

¶83

Versus

¶84

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶85

Additional Director Administration, Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶86

The Chief Medical And Health Officer, Jalore.

¶87

Primary Health Centre Kagmala, Block Raniwara, District Jalore.

¶88

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secreatriat, Jaipur.

¶89

----Respondents

¶90

S.B. Civil Writ No. 3441/2018

¶91

Om Prakash Paladia S/o Shri Raghunath Ram, Resident Of Village/post Kuka, Tehsil Bagoda, District Jalore.

¶92

----Petitioner

¶93

Versus

¶94

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶95

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶96

The Chief Medial And Health Officer, Jalore.

¶97

Primary Health Centre Bhadruna, Block Sanchore, District Jalore.

¶98

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶99

----Respondents

¶100

S.B. Civil Writ No. 3442/2018

¶101

Vikram Singh S/o Shri Jalam Singh Mahecha, Resident Of Village/post Harji, Tehsil Ahore, District Jalore.

¶102

----Petitioner

¶103

Versus

¶104

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶105

(5 of 11)

¶106

[CW-3371/2018]

¶107

Additional Director Administration, Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶108

The Chief Medical And Health Officer, Jalore.

¶109

Primary Health Centre Harji, Block Ahore, District Jalore. 5. The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secreatriat, Jaipur.

¶110

----Respondents

¶111

S.B. Civil Writ No. 3444/2018

¶112

Jeta Ram S/o Shri Amara Ram, Resident Of Village Naya Morsim, Post Morsim, Tehsil Bagoda, District Jalore.

¶113

----Petitioner

¶114

Versus

¶115

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶116

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶117

The Chief Medical And Health Officer, Jalore.

¶118

Primary Health Centre Bakra Gaon, Block Sayla, District Jalore.

¶119

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶120

----Respondents

¶121

S.B. Civil Writ No. 3445/2018

¶122

Thana Ram S/o Shri Rama Ram, Resident Of Village Post Juni Bali, Tehsil Bagoda, District Jalore.

¶123

----Petitioner

¶124

Versus

¶125

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶126

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶127

The Chief Medical And Health Officer, Jalore.

¶128

Primary Health Centre Jiwana, Block Jalore, District Jalore.

¶129

The Principal Secretary, Department Of Rural

¶130

(6 of 11)

¶131

[CW-3371/2018]

¶132

Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶133

----Respondents

¶134

S.B. Civil Writ No. 3450/2018

¶135

Shurveer Singh S/o Shri Indra Singh, Resident Of Village/post Bagoda, Tehsil Bhinmal, District Jalore.

¶136

----Petitioner

¶137

Versus

¶138

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur

¶139

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶140

The Chief Medical And Health Officer, Jalore.

¶141

Primary Health Centre Bagoda, Block Bhinmal, District Jalore.

¶142

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶143

----Respondents

¶144

S.B. Civil Writ No. 3451/2018

¶145

Ladoo Ram S/o Shri Punama Ram, Resident Of Village Post Khara, Tehsil Sanchore, District Jalore.

¶146

----Petitioner

¶147

Versus

¶148

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶149

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶150

The Chief Medical And Health Officer, Jalore.

¶151

Primary Health Centre Gang, Block Raniwara, District Jalore.

¶152

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶153

----Respondents

¶154

S.B. Civil Writ No. 3452/2018

¶155

Prakash Chand S/o Shri Khema Ram, Resident Of Village/ Post

¶156

(7 of 11)

¶157

[CW-3371/2018]

¶158

Keriya, Tehsil Chitalwana, District Jalore.

¶159

----Petitioner

¶160

Versus

¶161

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶162

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶163

The Chief Medical And Health Officer, Jalore.

¶164

Primary Health Centre Keriya, Block Sanchore, District Jalore.

¶165

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶166

----Respondents

¶167

S.B. Civil Writ No. 3696/2018

¶168

Vimla Bishnoi D/o Shri Vinja Ram Bishnoi, Resident Of Village/post Sarnau, Tehsil Sanchore, District Jalore.

¶169

----Petitioner

¶170

Versus

¶171

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur

¶172

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶173

The Chief Medical And Health Officer, Jalore.

¶174

Primary Health Centre Sarnau, Block Sanchore, District Jalore.

¶175

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶176

----Respondents

¶177

S.B. Civil Writ No. 3705/2018

¶178

Kishnaram Choudhary S/o Shri Bharmal Ram, Resident Of Village Vanu Ki Dhani, Post Thobau, Tehsil Bhinmal, District Jalore.

¶179

----Petitioner

¶180

Versus

¶181

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur

¶182

(8 of 11)

¶183

[CW-3371/2018]

¶184

Additional Director Administration, Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶185

The Chief Medical And Health Officer, Jalore.

¶186

Community Health Centre Bhinmal, Block Bhinmal, District Jalore.

¶187

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶188

----Respondents

¶189

S.B. Civil Writ No. 3716/2018

¶190

Pawani D/o Shri Babu Lal, Resident Of Village/ Post Sau And Daukiyo Ki Dhani, Hemaguda, Tehsil Chitalwana, District Jalore.

¶191

----Petitioner

¶192

Versus

¶193

State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

¶194

Additional Director Administration Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

¶195

The Chief Medical And Health Officer, Jalore.

¶196

Community Health Centre Hadecha, Block Chitalwana, District Jalore.

¶197

The Principal Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

¶198

----Respondents

¶199

S.B. Civil Writ No. 4384/2018

¶200

Pancha Ram S/o Shri Bhagwana Ram, R/o Village- Bhatip, Post- Pamana, Tehsil- Raniwara, District Jalor.

¶201

Harish Chandra Ahri S/o Shri Nathu Ji Ahri, R/o VillagePost Pohri Khturat, Tehsil Jothri, District Dungarpur.

¶202

----Petitioners

¶203

Versus

¶204

State Of Rajasthan Through Its Principal Secretary, Medical And Health Services Group-Iii, Government Of Rajasthan, Secretariat, Jaipur.

¶205

The Director Public Health, Medical And Health Services, Rajasthan, Jaipur.

¶206

(9 of 11)

¶207

[CW-3371/2018]

¶208

The Additional Director Administration, Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

¶209

The Chief Medical And Health Officer, Jalor.

¶210

----Respondents

¶211

For Petitioner(s) : Mr. Y.P. Khileree, Mr. Mahaveer Bishnoi, Mr. Rameshwar Dave, Mr.J.S. Bhalasria.

¶212

For Respondent(s) : Ms. Sweta Bora for Mr. Anil Bissa, AGC Mr. Manish Patel.

¶213

HON'BLE MR. JUSTICE ARUN BHANSALI Order

¶214

02/01/2019

¶215

These writ petitions have been filed by the petitioners aggrieved against the order dated 27.02.2018 passed by the Additional Director (Administration), Medical & Health Services, Rajasthan, Jaipur, whereby the petitioners have been posted at Medical College, Pali from various Primary Health Centres / Community Health Centres (PHCs/CHCs) situated at District Jalore.

¶216

Learned counsel for the petitioners made submissions that the issue involved in the present writ petitions is squarely covered by the judgment of this Court in Samleta v. State of Rajasthan & Ors. : SBCWP No.11862/2017 , decided on 14.11.2017, wherein this court after referring to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities), Rules 2011 (‘the Rules of 2011’), on coming to the conclusion that in terms of the said Rule, consent of the Panchayati Raj Department was not taken before affecting the transfer / posting of the petitioners therein, quashed the order and that the said judgment has been upheld by the Division Bench

¶217

(10 of 11)

¶218

[CW-3371/2018]

¶219

in State of Rajasthan & Ors. v. Samleta : DBSAW No.736/2018 , decided on 11.10.2018.

¶220

Learned counsel for the petitioners also made submissions that ever since interim order was granted by this Court in March, 2018, the petitioners have not been paid salary by the respondents.

¶221

Learned counsel for the respondents attempted to make submissions that as the initial posting was accorded to the petitioners at Medical College, Jodhpur and thereafter, they were posted at various PHCs/CHCs in District Jalore, they cannot now question their posting at the Medical College, Pali and that there is no necessity of seeking consent of the Panchayati Raj Department under the Rules of 2011.

¶222

Learned counsel appearing for the Panchayati Raj Department make submissions that he has been instructed by the department, not to appear in the matters despite the fact that the department has been impleaded as party respondent to the present writ petition and in fact, appearance has been put by him, for the reasons best known to the department and not made known to the counsel.

¶223

Having considered the submissions made by learned counsel for the parties and the fact that identical petition being Omprakash v. State of Rajasthan & Ors. : SBCWP No.3244/2018 , decided on 06.03.2018 relying on the judgment in the case of Samleta (supra) has been allowed, which order has not been questioned by the respondent – Medical & Health Department in any manner, there is no reason to take a different view from what has been taken in the case of Omprakash (supra).

¶224

(11 of 11)

¶225

[CW-3371/2018]

¶226

So far as the submissions regarding the fact that initially the petitioners were granted posting at Medical College, Jodhpur is concerned, the said aspect losses its significance once they were accorded posting at PHCs/CHCs and the order impugned has now been passed seeking to post them at Medical College, Pali without seeking the requisite consent of the Panchayati Raj Department as envisaged by the Rules of 2011.

¶227

In view of the above discussion, the writ petitions filed by the petitioners are allowed. The order dated 27.02.2018 qua the petitioners is quashed and set-aside.

¶228

In case, the salary of the petitioners is outstanding, the same shall be paid to them within a period of two weeks from the date a copy of the order is placed before the respondents.

¶229

No order as to costs.

¶230

(ARUN BHANSALI),J

¶231

32 to 50-Rmathur/-

Vikram Singh v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Vikram Singh v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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