Rajasthan High Court - Jodhpur
Mohanlal Tada vs State Of Rajasthan And Ors on 19 August, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3179/2018 Mohanlal Tada Son Of Shri Shiv Karan Ji, Presently Residing At 180, Ashapurna Valley, Near New Highcourt, Jhalamand, Jodhpur Raj..
----Petitioner Versus
1. The State Of Rajasthan Through The Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.
2. The Additional Director Admin., Medical And Health Services, Health Bhawan, Rajasthan, Jaipur.
3. The Principal And Controller, Dr. S.n. Medical College, Jodhpur.
4. The Superintendent, Associated Group Of Hospitals Mahatama Gandhi Hospital, Jodhpur.
5. The Joint Director, Medical And Health Services, Zone Jodhpur.
6. The Rajasthan Civil Services Appellate Tribunal, Jodhpur Bench, Jodhpur Through Its Registrar.
----Respondents For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Ms. Vandana Bhansali JUSTICE DINESH MEHTA Order 19/08/2020
1. The petitioner has moved an application, inter alia, seeking disposal of the present writ petition in light of judgment dated 14.09.2017, rendered in the case of Dr. Kailash Chandra Gurjar Vs. State of Rajasthan & Ors. (SBCWP No.7341/2017).
2. Mr. Khileree, learned counsel for the petitioner, challenging the order dated 25.09.2017 and the order dated 16.02.2018, (Downloaded on 19/08/2020 at 08:42:57 PM) (2 of 2) [CW-3179/2018] passed by the Rajasthan Civil Service Appellate Tribunal, submitted that the petitioner has been posted on working arrangement basis at Community Health Center, Phalodi.
3. Learned counsel argued that the system of posting an employee on working arrangement basis is not known to law and if the respondent - State wants an employee to be posted at another place, he can only be transferred in accordance with law.
4. In support of his cause, learned counsel relied upon the judgment rendered in the case of Dr. Devendra Chandra Gurjar (supra).
5. Ms. Vandana Bhansali, learned counsel appearing for the respondents, is not in a position to dispute the aforesaid position of facts and law.
6. The writ petition is, therefore, allowed in terms of the judgment rendered in the case of Dr. Kailash Chandra Gurjar (supra). The impugned order dated 25.09.2017 passed by the Joint Director, Medical & Health Department, Zone Jodhpur so also the order dated 16.02.2018 passed by Rajasthan Civil Service Appellate Tribunal are quashed and set aside.
7. Needless to observe that the respondents will be free to pass appropriate order in case they intend to transfer the petitioner to any other place.
8. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 45-skm/-
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