Partly allowed

Prabhu Ram v. State of Rajasthan

Rajasthan HC2 Dec 2023CW/192/2021

Case brief

AI extract

What is this about?

The court made an interim order absolute regarding a medical officer's transfer petition. It directed respondents to allow the petitioner to continue at the Primary Health Centre until a fresh transfer order, strictly in accordance with relevant rules and precedent, is passed.

What did the court decide?

Interim order made absolute; directions to pass fresh transfer order in accordance with law.

Prabhu Ram Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:41704]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 192/2021

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Prabhu Ram S/o Shri Dhanna Ram, Aged About 56 Years, Resident Of Village Post Jusari, Tehsil Makrana, District Nagaur (Raj.) Mobile Number 9414327267.

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----Petitioner

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Versus

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1. 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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Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur.

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The Chief Medical And Health Officer, Nagaur.

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Block Chief Medical Officer, Parbatsar, District Nagaur. 6. Medical Officer In-Charge, Primary Health Centre, Bidiyad, Panchayat Samiti Parbatsar, District Nagaur (Raj.).

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----Respondents

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For Petitioner(s)	: Mr.	Yash Pal Khileree
For Respondent(s)	: Mr.	K.S. Rajpurohit,AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/12/2023

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The petitioner has preferred the present writ petition

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claiming the following reliefs:-

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"(a). the impugned order dated 31.12.2020 (Annex.2) passed by the respondent No.3, may kindly be declared null and void and the same be quashed and set aside up to the extent of humble petitioner;

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(b) The respondent no.4 to 6 may be restrained to relieve the petitioner in pursuance to the impugned transfer order dated 31.12.2020 Annex.2.

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(c) the respondents may be directed to allow the petitioner to continue at Primary Health Centre, Bidiyad, Panchayat Samiti Parbatsar, District Nagaur with all consequential benefits;"

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Learned counsel for the petitioner submits that the petitioner

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is aggrieved by the impugned order dated 31.12.2020 (Annex.2)

[2023:RJ-JD:41704]

[CW-192/2021]

(2 of 2)

whereby the petitioner has been transferred from PHC Bidiyad, Panchayat Samiti Parbatsar, District Nagaur to CMHO, Sirohi. It is submitted by learned counsel for the petitioner that the said transfer has been made in contravention to the Rajasthan Panchayati Raj (Transfer Activities) Rules, 2011.

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Learned counsel for the petitioner further submits that the issue of such transfer being hit by the ratio of the judgment laid down by this Court in the matter of Kiran Kumari Vs. State of Rajasthan (S.B. Civil Writ Petition No.14964/2019) has already been settled on 15.01.2020.

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Learned counsel for the respondent submits that the interim order be made absolute and fresh permission be given to pass transfer orders as per the administrative exigency strictly in accordance with law while keeping into consideration the judgment of Kiran Kumari (supra).

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In light of such limited submission, the present writ petition is disposed of while making the interim order granted by this Court on 08.01.2021 as absolute qua the petitioner whereas the respondents shall be at liberty to pass fresh transfer order strictly in accordance with law while keeping into consideration the ratio of Kiran Kumari (supra) and subsequent judgments.

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All pending applications, if any, also stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI), J.

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86-Sudheer/-

Prabhu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prabhu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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