Rajasthan High Court - Jodhpur
Sarvan Kumari vs State Of Rajasthan on 26 October, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 16718/2018
Sarvan Kumari W/o Shri Dheera Ram Mayla, Aged About 38
Years, Resident Of Village/ Post Tilwasni, Tehsil Pipar City,
District Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical Health And Family Welfare,
Government Of Rajasthan, Secretariat, Jaipur.
2. Additional Director (Administration), Medical And Health
Services, Health Bhawan, Tilak Marg, Jaipur.
3. The Block Chief Medical Officer, Merta City, District
Nagaur.
4. The Medical Officer In-Charge, Primary Health Centre
Nokha Chandawata, Block Merta City, Panchayat Samiti
Merta City, District Nagaur.
5. The Principal Secretary, Rural Developement And
Panchayati Raj Department, Government Of Rajasthan,
Secretariat, Jaipur.
6. The Zila Parishad Nagarur, Through Its Chief Executive
Officer.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree
Ms. Dolly Gehlot
Ms. Shweta Purohit
For Respondent(s) : Ms. Sweta Bora for
Mr. Anil Bissa, AGC.
Mr. K.S. Solanki for
Mr. Manish Patel, AGC.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 26/10/2018 (2 of 2) [CW-16718/2018] Learned counsel Mr. Anil Bissa and Mr. Manish Patel are directed to accept notice on behalf of the respondents.
Copies of the writ petition have been supplied to them. Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by judgment of this Court in Samleta v. State of Rajasthan & Ors.:
S.B. Civil Writ Petition 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 of the petitioner therein, quashed the transfer order.
Learned counsel for the respondent - Medical and Health Department is not in a position to distinguish the said judgment either on facts or on law qua the present case.
In view of the above fact situation and the judgment of this Court in the case of Samleta (supra), the present writ petition is allowed. The order dated 07.09.2018 (Annex.-4) is quashed and set aside qua the petitioner.
No order as to costs.
(ARUN BHANSALI),J A.K. Chouhan/-338 Powered by TCPDF (www.tcpdf.org)