Dismissed

Kavita Kumari Meena W/O Dhanraj Meena v. State of Rajasthan

Rajasthan HC3 Feb 2021CW/946/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging a transfer order which moved the petitioner within the same district. The Court held that such a move falls under the definition of posting rather than a statutory transfer requiring consent under the relevant Panchayat Service Rules.

What did the court decide?

The writ petition and the impugned orders were dismissed.

Kavita Kumari Meena W/O Dhanraj Meena Vs State of… — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 946/2021

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Kavita Kumari Meena W/o Dhanraj Meena, Aged About 30 Years, R/o Village Aluda, Tehsil Nadauti, District Karauli At Present R/o 216/c Railway Quarter, Gangapur City, District Sawaimadhopur, Presently Working On The Post Of Ayurved Compounder At Ayurvedic Hospital Kudgaon District Karauli (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Ayurved Department, Govt. Secretariat, Jaipur.

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Additional Director, Ayurved Department Rajasthan, Ajmer

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District Ayurved Officer, Karauli

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Ashok Kumar Gauttam, Ayurved Compounder, Govt. Ayurved Hospital, Kanakpur, Karauli.

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----Respondents

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For Petitioner(s) : Ms. Madhumita Das For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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03/02/2021

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The petitioner by way of this writ petition challenges the transfer order dated 31.12.2020 whereby the petitioner has been transferred from Government Ayurvedic Hospital, Kudgaon, District Karauli to Government Ayurvedi Hospital, Karanpur, District Karauli itself. Learned counsel submits that and also assails the order of the Tribunal dated 13.01.2021 whereby the appeal preferred by the petitioner has been rejected. Learned counsel submits that the petitioner could not have been transferred from one Panchayat Samiti to another Panchayat

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(2 of 2)

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[CW-946/2021]

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Samiti without consent of both the Panchayat Samitis as per Rule 8(1) of the Panchayat Service Rules, 2011. However, this Court finds that no arguments have been taken up before the Tribunal nor it is mentioned that such an arguments were taken up in the writ petition. Moreover, the transfers have been made only within one District which cannot be treated as transfer within a meaning of service matters as defined under Section 2(f) of the Act of 1976 and is merely posting made within one District.

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Accordingly, no interference is warranted in the writ petition and the same is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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Arun/170

Kavita Kumari Meena W/O Dhanraj Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kavita Kumari Meena W/O Dhanraj Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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