Rajasthan High Court - Jodhpur
Banwari Lal Meena vs State Of Rajasthan on 10 October, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 11404/2022
Dr. Banwari Lal Meena S/o Shri Nand Kishore Meena, aged about
48 Years, Resident of 68/25-26 Heerapath, Mansarowar, Jaipur,
at present posted as Chief Medical and Health Officer, Bikaner.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Department of
Medical and Health, Secretariat, Jaipur.
2. Joint Secretary (Group-2), Medical and Health
Department, Secretariat, Jaipur.
3. Director, Medical and Health Services, Tilak Marg, Jaipur.
4. Principal Secretary, Department of Rural Development
and Panchayati Raj, Rajasthan, Jaipur.
5. Dr. M. Abarar, at present posted at Fort Dispensary,
Bikaner.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia.
For Respondent(s) : Ms. Vandana Bhansali, AGC.
Mr. Deen Dayal Chitlangi, R-5.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 10/10/2022 This writ petition has been filed by the petitioner aggrieved against the order dated 03.08.2022 (Annex.3) whereby the petitioner, who was working as Chief Medical and Health Officer, Bikaner has been transferred to Sub District Hospital, Sikrai, Dausa.
Submissions have been made that the action of the respondents in transferring the petitioner from the post of Chief (Downloaded on 10/10/2022 at 08:16:56 PM) (2 of 4) [CW-11404/2022] Medical and Health Officer to Sub District Hospital, Dausa is not justified, as the same is in violation of provisions of Rule 8 (iii) of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 ('Rules of 2011'). Further submissions have been made that while posting the petitioner at Dausa, it has not been indicated as to on what post the petitioner is to take charge and therefore, the action of the respondents in this regard, deserves to be quashed and set aside.
A reply to the writ petition has been filed by the State inter- alia pointing out that under Circular dated 15.03.2022 (Annex.R/2) providing for the posting of Chief Medical and Health officer(s) at various places, as the petitioner do not fulfill the requirement, he was accorded posting by order dated 03.08.2022 (Annex.3). Further, during the course of pendency of the present petition, by order dated 07.09.2022, the order dated 03.08.2022 was amended and it was indicated that the petitioner would join on the post of Senior Medical Officer at Dausa.
Learned counsel also made submissions that during pendency of the present writ petition, on 15.09.2022 the petitioner has joined at the transferred place and, therefore, the petition even otherwise has been rendered infructuous.
Learned counsel appearing for respondent No.5 supported the respondents and indicated that departmental enquiry against the petitioner is also in contemplation, which in terms of Circular dated 15.03.2022 (Annex.R/2) also dis-entitles the petitioner to continue as Chief Medical and Health Officer.
Learned counsel for the petitioner relying on order in Hira Lal Tabiyar vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No.10796/2022 decided on 27.09.2022 made submissions that (Downloaded on 10/10/2022 at 08:16:56 PM) (3 of 4) [CW-11404/2022] irrespective of submissions made, as the Rules of 2011 have not been complied with, the order passed by the respondents is bad in law and therefore, deserves to be quashed and set aside.
I have considered the submissions made by the counsel for the parties and have perused the material available on record.
The plea taken by the respondents in reply to writ petition is specific that as the post of Chief Medical and Health Officer is administrative in nature and in terms of Circular dated 15.03.2022, whereby the respondents have decided to prepare a pool of the officers, who could be posted as Chief Medical and Health officers and had provided for certain qualifications for the said purpose, and as the petitioner even does not fulfill the said requirement, inasmuch as essentially he was not having the grade pay of Rs.7600/-, the petitioner was not entitled to continue to remain posted as Chief Medical and Health officer; and therefore, he has not been transferred and has only been accorded posting at Dausa. Thus, apparently, the provisions of Rule 8 of the Rules of 2011, which pertain to transfer of transferred employees, would have no application.
Further, insofar as non-indication of post, where the petitioner was to join is concerned, the said defect has been rectified by passing order dated 07.09.2022 ordering the petitioner to join as Senior Medical Officer. The petitioner after passing of the order dated 07.09.2022 has joined on the said post on 15.09.2022.
So far as the judgment in the case of Hira Lal Tabiyar (supra) is concerned, this Court while deciding the said petition had emphasized that as the petitioner therein, who was a Senior Medical Officer and was posted as Medical Officer, the order (Downloaded on 10/10/2022 at 08:16:56 PM) (4 of 4) [CW-11404/2022] passed therein was bad besides the fact that there was non- compliance of provisions of Rule 8 as well. In the present case, it is not the case of the petitioner that he is not holding the substantive post as Senior Medical Officer and therefore, the judgment in the case of Hira Lal Tabiyar (supra) is not applicable.
In view of above fact situation, as the petitioner has only been accorded posting by order dated 03.08.2022 and the petitioner has already joined on the said post during pendency of the present petition, no case for interference is made out in the present writ petition, the same is therefore, dismissed.
(ARUN BHANSALI),J 75-DJ/-
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