Dismissed

Sanjay Kumar Ojha v. State of Rajasthan

Rajasthan HC26 Nov 2023CW/2457/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur disposed of two connected writ petitions challenging transfers of government health workers. The court made previous interim stay orders absolute and granted liberty to the respondents to pass fresh transfer orders in accordance with administrative exigency and law.

What did the court decide?

Liberty granted to respondents to pass fresh orders of transfer strictly in accordance with law; pending applications disposed of.

Sanjay Kumar Ojha Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:40925]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2457/2023

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Sanjay Kumar Ojha Spouse/o Shri Banwarilal, Aged About 31 Years, Resident Of Village And Post Nimbari Kalan, Tehsil Degana, District Nagaur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Secretary, Department Of Medical, Health And Family Welfare, 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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Chief Medical And Health Officer, Nagaur.

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The Medical Officer In-Charge, Primary Health Centre Pundlota, Block Degana, District Nagaur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 1662/2023

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Subhita Jangir W/o Prabhu Dayal Jangir, Aged About 44 Years, Village Post Dhingla, Via Nua, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan Transferred From Sub Center Jaisainghpura, Jhunjhunu, To Primary Health Center, Chidaliya District Nagaur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Govt. Secretariat, Jaipur.

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The Director (Non Gazetted), Medical And Health Services And Additional Director (Administration), Panchayati Raj (Medical) Department, Rajasthan, Jaipur.

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The Chief Medical And Health Officer, Jhunjhunu.

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The Block Chief Medical And Health Officer, Jhunjhunu, District Jhunjhunu.

(2 of 4)

[2023:RJ-JD:40925]

[CW-2457/2023]

The Chief Medical And Health Officer, Nagaur.

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----Respondents

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For Petitioner(s)	: Mr. Yash Pal Khileree
	Mr. V.S. Bhawla
For Respondent(s)	: Ms. Santosh Choudhary for
	Ms. Vandana Bhansali, AGC
	Mr. B.R. Jajra

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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28/11/2023

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In S.B. Civil Writ Petition No. 2457/2023:

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This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

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“(a) The impugned transfer order dated 14.01.2023 (Annex.5) issued by the respondent No.3 may kindly be declared illegal and the same may be quashed and set aside qua petitioner;

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(b) the respondents may be directed to allow the petitioner to continue at Primary Health Center, Pundlota, Block & Panchayat Samiti Degana, District Nagaur with all consequential benefits;

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(c) The respondents may be restrained to relieve the petitioner in pursuance to the impugned transfer order dated 14.01.2023 Annex.5;

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(d) the respondents may be directed to comply the rule of 2011 as well as Rajasthan Rules of Business in toto, in transferring the employees including petitioner, whose transfer activities are vested under the Rules of 2011;

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This Hon’ble Court had passed the following interim order on

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22.03.2023:

(3 of 4)

[2023:RJ-JD:40925]

[CW-2457/2023]

“1. It is submitted by learned counsel for the petitioner that by order dated 14.01.2023 (Annex.-5), the petitioner has been transferred from PHC Pundlota, Degana to District Hospital, Kekri, Ajmer in violation of provisions of Rule 8(iii) of the Rajasthan Panchayati Raj (Transfer Activities) Rules, 2011.

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Issue notice. Issue notice of stay application also, returnable within six weeks.

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Meanwhile, effect and operation of the order dated 14.01.2023 (Annex.-5) qua the petitioner shall remain stayed.

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Connect with S.B. Civil Writ Petition No.1662/2023.”

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Learned counsel for the parties jointly pray that the interim order be made absolute and a liberty be given to the respondents to pass fresh orders of transfer as per the administrative exigency.

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Accordingly, the present petition is disposed of while making the order dated 22.03.2023, passed by this Hon’ble Court, as absolute and liberty is given to the respondents to pass fresh orders of transfer as per the administrative exigency, strictly in accordance with law. All pending applications also stand disposed of.

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In S.B. Civil Writ Petition No. 1662/2023:

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This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

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“(i) By an appropriate writ, order or direction, the impugned order dated 14.01.2023 & 17.01.2023 (Annex.1 & 2) may kindly be quashed and set aside.

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(ii) By an appropriate writ, order or direction, the respondents be directed to continue the petitioner on the post of ANM at Subcenter Jaisinghpura District Jhunjhunu.”

(4 of 4)

[2023:RJ-JD:40925]

[CW-2457/2023]

This Hon’ble Court had passed the following interim order on 27.01.2023:

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“1. It is submitted by learned counsel for the petitioner that by order dated 14.01.2023 (Annx.-1), the petitioner has been transferred from Sub Health Centre, Jaisinghpura, District Jhunjhunu to Primary Health Centre, Chidaliya, District Nagaur in violation of provisions of Rule 8(iii) of the Rajasthan Panchayati Raj (Transfer Activities) Rules, 2011.

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In view of the submissions made, issue notice. Issue notice of the stay application also, returnable within a period of four weeks.

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Meanwhile and till further orders, effect and operation of the order dated 14.01.2023 (Annexure.1) so also relieving order dated 17.01.2023 (Annexure.2) qua the petitioner shall remain stayed. ”

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Learned counsel for the parties jointly pray that the interim order be made absolute and a liberty be given to the respondents to pass fresh orders of transfer as per the administrative exigency.

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Accordingly, the present petition is disposed of while making the order dated 27.01.2023, passed by this Hon’ble Court, as absolute and liberty is given to the respondents to pass fresh orders of transfer as per the administrative exigency, strictly in accordance with law. All pending applications also stand disposed of.

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(DR. PUSHPENDRA SINGH BHATI), J.

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92-93 Zeeshan

Sanjay Kumar Ojha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Ojha v. State of Rajasthan

Case brief

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