Dismissed

Manju Kumari Daughter of Shri Ramdevaram Wife of Shri Banwari Lal Dhaka v. State of Rajasthan

Rajasthan HC2 May 2025CW/6594/2025

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the petitioner's transfer from Sub Health Center, Bhinchri to Sub Health Center, Toda Bhata. Relying on Supreme Court precedent, the Court found no malafide intention or violation of law and dismissed the petition.

What did the court decide?

The writ petition was dismissed, and transfer orders were upheld.

Manju Kumari Daughter of Shri Ramdevaram Wife of… — Service and Employment | Rajasthan HC (2025)

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[2025:RJ-JP:18511]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6594/2025

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Manju Kumari Daughter Of Shri Ramdevaram Wife Of Shri Banwari Lal Dhaka, Aged About 47 Years, Resident Of Village, Post Daulatabad, Tehsil Fatehpur, District Sikar, Rajasthan.

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----Petitioner

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Versus

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

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Director Non-Gazetted And Additional Director, Administration Panchayati Raj Medical Department, Rajasthan, Jaipur.

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Block Chief Medical Officer, Fatehpur, District Sikar. 4. Kamla, A.N.M., Sub Health Centre, Bhinchri Block Fatehpur, District Sikar.

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----Respondents

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For Petitioner(s) : Mr. Rajendra Gautam For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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02/05/2025

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Instant writ petition has been filed by the petitioner challenging her transfer order dated 15.01.2025 whereby she has been transferred on the post of ANM from Sub Health Center, Bhinchri Block Fatehpur, District Sikar to Sub Health Center, Toda Bhata, Lalgarh, Bassi, District Jaipur vice respondent No. 4. The name of petitioner and private respondent No. 4 placed at serial No. 93 & 94 in the transfer list.

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Petitioner challenged her transfer order before the Rajasthan Civil Services Appellate Tribunal, Jaipur, alleging her transfer on

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(2 of 2) [CW-6594/2025]

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[2025:RJ-JP:18511]

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medical reasons, on which the Tribunal granted liberty to the petitioner to submit a representation before the respondents and disposed of the appeal vide order dated 17.03.2025.

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During course of hearing, counsel for petitioner admits that petitioner has remained posted as ANM at Sub Health Center, Bhinchri Block Fatehpur, District Sikar since year 2015 onwards.

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This Court, does not find the transfer order to be suffered from any malafide or passed against the flagrant provisions of law, rather same seems to be passed in accordance with the transfer policy of the Government.

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The Apex Court in case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020) 3 SCC 404] , has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no mala fide nor any breach of law in passing the transfer order.

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Therefore, this Court, in exercise of its writ jurisdiction, is not inclined to interfere with the transfer order and the writ petition is hereby dismissed.

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

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(SUDESH BANSAL),J

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NITIN /11

Manju Kumari Daughter of Shri Ramdevaram Wife of Shri Banwari Lal Dhaka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manju Kumari Daughter of Shri Ramdevaram Wife of Shri Banwari Lal Dhaka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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