Dismissed

Mahendra Singh S/O Gheesa Ram Panwar v. State of Rajasthan

Rajasthan HC9 Mar 2023CW/4190/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan Bench at Jaipur dismissed a writ petition challenging a transfer order of a Nursing Officer. The court held that filing another appeal against the same order was a misuse of process. As the petitioner had failed to join the services at the new posting, the petition was dismissed and he was warned of consequences for non-compliance.

What did the court decide?

The writ petition was dismissed; pending applications disposed; petitioner directed to join services within two weeks.

Mahendra Singh S/O Gheesa Ram Panwar Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/003922]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4190/2023

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Mahendra Singh S/o Gheesa Ram Panwar, Aged About 41 Years, R/o F- 45, Khetri Nagar, District Jhunjhunu (Raj), Presently Working As Nursing Officer, At Community Health Centre, Khetri, Block Khetri, District Jhunjhunu (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Govt. Secretariat, Jaipur. (Raj.)

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Director (Non-Gazetted), Medical Health And Family Welfare Services, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur (Rajasthan).

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Chief Medical And Health Officer, Jhunjhunu.

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Block Chief Medical Officer, Khetri, Jhunjhunu (Raj).

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Community Health Centre Incharge, Community Health Centre, Khetri, Block Khetri, District Jhunjhunu (Raj).

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----Respondents

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For Petitioner(s) : Mr. Mahendra Singh, in person For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order 09/03/2023

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By way of instant writ petition, petitioner has challenged the order dated 09.02.2023 passed by the Rajasthan Civil Services Appellate Tribunal (hereafter referred to “the Tribunal”) dismissing his appeal No.760/2023 and affirming the transfer order of petitioner dated 02.09.2022 from CHC Khetri, Jhunjhunu to M.G. Hospital, Jodhpur.

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From the record, it is not in dispute that the petitioner challenged transfer order dated 02.09.2022 by way of filing appeal

[2023/RJJP/003922]

[CW-4190/2023]

(2 of 3)

No.4111/2022 before the Tribunal. The Tribunal did not interfere with the impugned order and decided the appeal vide order dated 14.10.2022, giving liberty to the petitioner to submit a representation before respondents. The petitioner has not placed on record the copy of the order of Tribunal dated 14.10.2022 passed in his previous appeal No.4111/2022 nor has challenged that order. Thus, the impugned order dated 02.09.2022 and the order of Tribunal dated 14.10.2022 have attained finality.

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Petitioner states that he submitted representation before respondents but same was not decided, therefore, he again challenged the transfer order dated 02.09.2022 by way of filing another appeal No.760/2023 before the Tribunal. This appeal has been dismissed by the Tribunal vide order dated 09.02.2023, which has been challenged in the instant writ petition. 4. In the opinion of this Court, challenging the same transfer order dated 02.09.2022 by filing another fresh appeal No.760/2023 before the Tribunal is gross misuse of the process of law on the part of petitioner. 5. It has also transpired from the record that the petitioner was posted as Nursing Officer, at CHC, Khetri, Jhunjhunu on 29.09.2019 and after a period of three years, he has been transferred to M.G. Hospital, Jodhpur vide order dated 02.09.2022 (Ann.1). Thereafter the petitioner has been relieved vide order dated 06.09.2022 (Ann.2), however the petitioner has not joined his services at the transferred place M.G. Hospital, Jodhpur so far, despite there being no stay order against the impugned transfer order of petitioner.

(3 of 3)

[2023/RJJP/003922]

[CW-4190/2023]

In such circumstance, this Court is not inclined to entertain the instant writ petition and the same is hereby dismissed.

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Stay application and any other pending application, if any, stand disposed of.

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It is hereby observed that if petitioner does not join his services pursuant to the transfer order dated 02.09.2022 (Ann.1) within a period of two weeks from today, respondents may take appropriate action against the petitioner for non-compliance of the transfer order.

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Registrar (Judicial) is directed to send a copy of this order to the Director (Non-Gazetted) Medical Health & Family Welfare Services, Rajasthan, Swasthay Bhawan, Tilak Marg, Jaipur (Raj.) for ensuring compliance.

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(SUDESH BANSAL),J

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TN/7

Mahendra Singh S/O Gheesa Ram Panwar v. State of Rajasthan

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Mahendra Singh S/O Gheesa Ram Panwar v. State of Rajasthan

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