The Health department of the State Government in exercise of the powers under Rule 8, made a major reshuffle of its medical and para-medical staff by passing transfer orders in the month of December, 2020. These transfer orders included medical as well as para-medical staff such as Doctors, Nurses etc and the transfer orders were of all three kinds namely, within the same Pachayat Samiti area, inter Panchayat Samiti areas within the same district, as well as from one district to another. In the case of Krishna Devi, the employee happened to be a Nursing staff and she has been transferred from one district to another. In the case of Mool Shanker, he also happened to be a Nursing staff and he has been transferred from one Panchayat Samiti to another Panchayat Samiti, but within the same district. Both these employees had therefore approached the High Court and challenged their orders of transfer primarily on the ground that such transfer orders were passed by the Health department without the consent of the Panchayati Raj department. We may record that large number of similar writ petitions have been filed before the High Court. The High Court had stayed all these transfer orders. Learned counsel for the Government submitted that this has brought about a difficult situation for the administration. In the case of those employees, who have approached the High Court and whose transfer orders were stayed the administration could not shift them from their original place of posting. As against this, those employees who were transferred vice the petitioners, who were protected by the High Court, they left the charge of their original place of posting and reported at the place of transfer. As a result, there are large number of cases where there are two incumbents
