Disposed

Dr. Manju Saini Wife of Shri K.K. Saini v. State of Rajasthan through Its Deputy Secretary

Rajasthan HC4 Feb 2019SAW/266/2019

Case brief

AI extract

What is this about?

The High Court, Jaipur Bench disposed of a special appeal challenging a Single Judge's order on a transfer dispute. The Court directed the appellant to file a representation with the Deputy Secretary, rather than issuing a formal notice, and reserved the question for a speaking order.

What did the court decide?

No notice issued; appellant directed to submit representation to Deputy Secretary regarding retention or restoration of earlier transfer order.

Dr. Manju Saini Wife of Shri K.K. Saini Vs State of… — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Special Appeal (Writ) No. 266/2019

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S.B. Civil Writ Petition No. 15053/2018

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Dr. Manju Saini Wife of Shri K.K. Saini, aged about 34 Years, Resident of Gram Sarund, Tehsil Kotputali, District Jaipur, Assistant Professor (Gyne).

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----Respondent No. 3-Appellant Versus

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State of Rajasthan through its Deputy Secretary, Medical Education Group-I Department, Government, Secretariat, Jaipur.

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Principal & Controller, SMS Medical College, Jaipur.

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Respondents

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Dr. Smt. Urvashi Wife of Dr. Rajmani, aged about 40 Years, Resident of 2/4, Old Heerabah Quarters, Near Narainsingh Circle, Jaipur.

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----Petitioner-Respondent

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For Appellant(s) : Ms. Gayatri Rathore.

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Judgment

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04/02/2019

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There is delay of 8 days in filing of the appeal.

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Application No. 180/2019 has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing of the appeal. For the reasons mentioned in the application, the application is allowed. Delay in filing of the appeal is condoned.

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This appeal is directed against the order dated 15.11.2018 passed by the learned Single Judge of this Court

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(2 of 3)

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[SAW-266/2019]

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whereby writ petition filed by Respondent No. 3, Dr. Smt. Urvashi was disposed of. Respondent No. 3-writ petitioner before the Single Bench challenged order of her transfer dated 23.04.2018 whereby she was transferred vice the appellant from S.M.S. Medical College, Jaipur to Medical College at Jodhpur. The learned Single Judge of this Court on 20.07.2018 while issuing notice of the writ petition stayed operation of aforesaid transfer order. When the matter came up before the learned Single Judge of this Court on 15.11.2018, writ petition was disposed of with direction to the respondent State authorities not to act upon the said transfer order qua the writ petitioner, Dr. Smt. Urvashi. However liberty was granted to them to pass order of transfer afresh, if need so arises in the interest of administration. One of the grounds raised in the writ petition was that even though she never made any request of transfer, but the order of transfer is shown to have been passed on her request.

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Learned counsel for the appellant submits that writ petition has been decided without service of notice upon the appellant. In fact, notice of the appellant was served in the office of Office Superintendent, S.M.S. Medical College, Jaipur and therefore that cannot be taken as service. Moreover, order of transfer of Respondent No. 3-writ petitioner Dr. Smt. Urvashi was not passed on her request, but the same was passed in administrative exigencies. Respondent No. 3 had already completed five years and therefore she was due to transfer.

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Considering that the learned Single has passed impugned order directing the respondents State authorities not to act upon the order of transfer qua Respondent No. 3-writ

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(3 of 3)

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[SAW-266/2019]

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petitioner, but at the same time, granted them liberty to pass order of transfer afresh, if need so arises in the interest of administration, we do not intend to issue notice of this appeal and call upon Respondent No. 3. We, however, require the appellant to approach Respondent No. 1, Deputy Secretary, Medical Education Group-I Department, Government Secretariat, Jaipur by making a representation raising all the arguments, which she has raised in the present appeal. Respondent No. 1 may consider whether or not to restore the earlier order of transfer or to retain the appellant and Respondent No. 3 at the place of their present posting. Representation of the appellant be considered and decided by passing speaking order within a period of four weeks from the date of its making.

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With the aforesaid direction, appeal is disposed of.

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Stay Application No. 2221/2019 also stands disposed

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of.

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(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J

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Manoj/97

Dr. Manju Saini Wife of Shri K.K. Saini v. State of Rajasthan through Its Deputy Secretary

Case brief

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Dr. Manju Saini Wife of Shri K.K. Saini v. State of Rajasthan through Its Deputy Secretary

Case brief

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What did the court decide?

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