Disposed

Virendra Kumar Jain v. State of Rajasthan

Rajasthan HC28 Sept 2021CW/630/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the petitioner's transfer under Rule 8 of the 2011 Rules. While citing prior precedent, the court directed relevant respondents to consider his prayer for reposting to the original office if vacant.

What did the court decide?

Directed respondents to consider petitioner's prayer for reposting to his original office if vacant under Rule 8 of 2011 Rules.

Virendra Kumar Jain Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 630/2021

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Virendra Kumar Jain S/o Shri Dipendra Kumar Jain, Aged About 55 Years, Presently Holding The Post Of Cmho, Banswara, Resident Of 51, Shreyansh Nagar, Canal Road, Dahod Road Naka, Banswara (Raj.) Mobile Number 7014308768.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur.

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

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Deputy Secretary To The Government, Department Of Medical And Health (Gr.-2), Government Of Rajasthan, Secretariat, Jaipur.

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Director (Public Health), Medical And Health Services, Government Of Rajasthan, Health Bhawan, Jaipur.

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Chief Medical And Health Officer, Banswara.

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Zila Parishad Banswara, Through Its Chief Executive Officer.

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Panchayat Samiti Banswara, Through Its Block Development Officer, District Banswara.

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----Respondents

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For Petitioner(s) : Mr. Y.P. Khileree. For Respondent(s) : Mr. Shreyansh Mehta for Mr. K.S. Rajpurohit, AAG

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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28/09/2021

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This writ petition has been filed by the petitioner aggrieved against the orders dated 30.12.2020 and 31.12.2020 (Annex.7), whereby the petitioner has been transferred from the office of

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(2 of 2)

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[CW-630/2021]

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Chief Medical & Health Officer, Banswara to District Hospital, Banswara and from District Hospital, Banswara to DPC Banswara.

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The writ petition was filed with the submissions that transfer

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was contrary to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 ('the Rules of 2011'). By order dated 14.01.2021, the effect & operation of the orders dated 30.12.2020 as well as 31.12.2020 (Annex.7) were ordered to remain stayed.

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Today, when the matter came up for admission before the Court, learned counsel for the petitioner submitted that the issue raised in the present writ petition is squarely covered by the judgment in the case of Kiran Kumari v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.14964/2019, decided on 15.01.2020. However, it was also pointed out that despite grant of interim order by the Court on 14.01.2021, the petitioner was relieved and that he has joined at the transferred post.

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Though submission has been made that no one else has joined at the post from where the petitioner was transferred on 30.12.2020, however, the said aspect cannot be verified.

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In that view of the matter and the fact that petitioner is serving at the transferred place for over 09 months now, the writ petition filed by the petitioner is disposed of with the direction to the respondent Nos.6 & 7 to consider the prayer of the petitioner for being posted at the place from where the petitioner was transferred, in case the post is still lying vacant, in accordance with the provisions of Rule 8 of the Rules of 2011.

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(ARUN BHANSALI),J

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154-Rmathur/-

Virendra Kumar Jain v. State of Rajasthan

Case brief

What is this about?

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Virendra Kumar Jain v. State of Rajasthan

Case brief

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