Rajasthan High Court - Jodhpur
Gayatri Ojha vs State Of Rajasthan And Ors on 2 January, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 3371/2018
Gayatri Ojha D/o Late Shri Narottam Lal Ojha, W/o Yogeshwar
Prasad Dwivedi, By Caste Brahmin, R/o Subhash Colony, New
Bus Stand Road, Sanchore, District Jalore Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through The Director, Medical And
Health Department, Jaipur Raj..
2. The Additional Director, Medical And Health Department,
Jodhpur Raj..
3. The Chief Medical And Health Officer, Jalore Raj..
----Respondents
Connected With
S.B. Civil Writ No. 3411/2018
Sharwan Kumar S/o Shri Bhana Ram, R/o Village Khambhrai,
Post Dungry, Tehsil Chitalwana, District Jalore Raj.
----Petitioner
Versus
1. The State Of Rajasthan Through The Secretary,
Department Of Medical And Health, Secretariat,
Rajasthan, Jaipur.
2. The Additional Director Admn., Medical And Health
Services, Government Of Rajasthan, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. The Officer Incharge, Primary Health Centre, Dungry,
Jalore.
----Respondents
S.B. Civil Writ No. 3434/2018
Uttam Kumar S/o Shri Mitha Ram, Resident Of Jagjiwan Ram
Colony, Chungi Naka, Daspa Road, Bhinmal, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
(2 of 11) [CW-3371/2018]
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Sewari, Block Bhinmal, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3435/2018
Sanwla Ram son of Shri Peera Ram Nai, aged about 38 years,
resident of Village / Post Hathigaon, Tehsil Chitalwana, District
Jalore.
----Petitioner
Versus
1. State of Rajasthan through its Principal Secretary, Department
of Medical & Health, Secretariat, Jaipur.
2. Additional Director (Administration), Medical & Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical and Health Officer, Jalore.
4. Primary Health Centre duthwa, Block Chitalwana, District
Jalore.
5. The Principal Secretary, Department Of Rural Development
And Panchayati Raj, Rajasthan, Secretariat, Jaipur.
----Respondent
S.B. Civil Writ No. 3436/2018
Harish Khilery S/o Shri Bhikha Ram Khilery, Resident Of
Village/post Sahu/ Daukiyon Ki Dhani, Hemaguda, Tehsil
Chitalwana, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration, Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Jhab, Block Chitalwana, District
Jalore.
5. The Principal Secretary, Department Of Rural
(3 of 11) [CW-3371/2018]
Development And Panchayati Raj, Rajasthan, Secreatriat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3437/2018
Raghunath Ram S/o Shri Heera Lal Suthar, Resident Of Village
Post Chitalwana, Tehsil Chitalwana, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Akoli, Block Chitalwana, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3439/2018
Om Prakash S/o Shri Mohan Lal Bishnoi, Resident Of Village
Bhatip, Post Pamana, Tehsil Raniwara, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Modran, Block Jasawantpura,
District Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3440/2018
Jabra Ram S/o Shri Pratapa Ram Suthar, Resident Of Village Post
(4 of 11) [CW-3371/2018]
Aalri, Tehsil Raniwara, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration, Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Kagmala, Block Raniwara, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secreatriat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3441/2018
Om Prakash Paladia S/o Shri Raghunath Ram, Resident Of
Village/post Kuka, Tehsil Bagoda, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medial And Health Officer, Jalore.
4. Primary Health Centre Bhadruna, Block Sanchore, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3442/2018
Vikram Singh S/o Shri Jalam Singh Mahecha, Resident Of
Village/post Harji, Tehsil Ahore, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
(5 of 11) [CW-3371/2018]
2. Additional Director Administration, Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Harji, Block Ahore, District Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secreatriat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3444/2018
Jeta Ram S/o Shri Amara Ram, Resident Of Village Naya Morsim,
Post Morsim, Tehsil Bagoda, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Bakra Gaon, Block Sayla, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3445/2018
Thana Ram S/o Shri Rama Ram, Resident Of Village Post Juni
Bali, Tehsil Bagoda, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Jiwana, Block Jalore, District
Jalore.
5. The Principal Secretary, Department Of Rural
(6 of 11) [CW-3371/2018]
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3450/2018
Shurveer Singh S/o Shri Indra Singh, Resident Of Village/post
Bagoda, Tehsil Bhinmal, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Bagoda, Block Bhinmal, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3451/2018
Ladoo Ram S/o Shri Punama Ram, Resident Of Village Post
Khara, Tehsil Sanchore, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Gang, Block Raniwara, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3452/2018
Prakash Chand S/o Shri Khema Ram, Resident Of Village/ Post
(7 of 11) [CW-3371/2018]
Keriya, Tehsil Chitalwana, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Keriya, Block Sanchore, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3696/2018
Vimla Bishnoi D/o Shri Vinja Ram Bishnoi, Resident Of
Village/post Sarnau, Tehsil Sanchore, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Primary Health Centre Sarnau, Block Sanchore, District
Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3705/2018
Kishnaram Choudhary S/o Shri Bharmal Ram, Resident Of Village
Vanu Ki Dhani, Post Thobau, Tehsil Bhinmal, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur
(8 of 11) [CW-3371/2018]
2. Additional Director Administration, Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Community Health Centre Bhinmal, Block Bhinmal,
District Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 3716/2018
Pawani D/o Shri Babu Lal, Resident Of Village/ Post Sau And
Daukiyo Ki Dhani, Hemaguda, Tehsil Chitalwana, District Jalore.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director Administration Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Chief Medical And Health Officer, Jalore.
4. Community Health Centre Hadecha, Block Chitalwana,
District Jalore.
5. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Rajasthan, Secretariat,
Jaipur.
----Respondents
S.B. Civil Writ No. 4384/2018
1. Pancha Ram S/o Shri Bhagwana Ram, R/o Village- Bhatip,
Post- Pamana, Tehsil- Raniwara, District Jalor.
2. Harish Chandra Ahri S/o Shri Nathu Ji Ahri, R/o Village-
Post Pohri Khturat, Tehsil Jothri, District Dungarpur.
----Petitioners
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Medical And Health Services Group-Iii, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Director Public Health, Medical And Health Services,
Rajasthan, Jaipur.
(9 of 11) [CW-3371/2018]
3. The Additional Director Administration, Medical And
Health Services, Rajasthan, Tilak Marg, Swasthya
Bhawan, Jaipur.
4. The Chief Medical And Health Officer, Jalor.
----Respondents
For Petitioner(s) : Mr. Y.P. Khileree, Mr. Mahaveer
Bishnoi, Mr. Rameshwar Dave, Mr.J.S.
Bhalasria.
For Respondent(s) : Ms. Sweta Bora for Mr. Anil Bissa,
AGC
Mr. Manish Patel.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/01/2019 These writ petitions have been filed by the petitioners aggrieved against the order dated 27.02.2018 passed by the Additional Director (Administration), Medical & Health Services, Rajasthan, Jaipur, whereby the petitioners have been posted at Medical College, Pali from various Primary Health Centres / Community Health Centres (PHCs/CHCs) situated at District Jalore.
Learned counsel for the petitioners made submissions that the issue involved in the present writ petitions is squarely covered by the judgment of this Court in Samleta v. State of Rajasthan & Ors. : SBCWP No.11862/2017, decided on 14.11.2017, wherein this court after referring to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities), Rules 2011 ('the Rules of 2011'), on coming to the conclusion that in terms of the said Rule, consent of the Panchayati Raj Department was not taken before affecting the transfer / posting of the petitioners therein, quashed the order and that the said judgment has been upheld by the Division Bench (10 of 11) [CW-3371/2018] in State of Rajasthan & Ors. v. Samleta : DBSAW No.736/2018, decided on 11.10.2018.
Learned counsel for the petitioners also made submissions that ever since interim order was granted by this Court in March, 2018, the petitioners have not been paid salary by the respondents.
Learned counsel for the respondents attempted to make submissions that as the initial posting was accorded to the petitioners at Medical College, Jodhpur and thereafter, they were posted at various PHCs/CHCs in District Jalore, they cannot now question their posting at the Medical College, Pali and that there is no necessity of seeking consent of the Panchayati Raj Department under the Rules of 2011.
Learned counsel appearing for the Panchayati Raj Department make submissions that he has been instructed by the department, not to appear in the matters despite the fact that the department has been impleaded as party respondent to the present writ petition and in fact, appearance has been put by him, for the reasons best known to the department and not made known to the counsel.
Having considered the submissions made by learned counsel for the parties and the fact that identical petition being Omprakash v. State of Rajasthan & Ors. : SBCWP No.3244/2018, decided on 06.03.2018 relying on the judgment in the case of Samleta (supra) has been allowed, which order has not been questioned by the respondent - Medical & Health Department in any manner, there is no reason to take a different view from what has been taken in the case of Omprakash (supra).
(11 of 11) [CW-3371/2018] So far as the submissions regarding the fact that initially the petitioners were granted posting at Medical College, Jodhpur is concerned, the said aspect losses its significance once they were accorded posting at PHCs/CHCs and the order impugned has now been passed seeking to post them at Medical College, Pali without seeking the requisite consent of the Panchayati Raj Department as envisaged by the Rules of 2011.
In view of the above discussion, the writ petitions filed by the petitioners are allowed. The order dated 27.02.2018 qua the petitioners is quashed and set-aside.
In case, the salary of the petitioners is outstanding, the same shall be paid to them within a period of two weeks from the date a copy of the order is placed before the respondents.
No order as to costs.
(ARUN BHANSALI),J 32 to 50-Rmathur/-
Powered by TCPDF (www.tcpdf.org)