CHHOGA RAM Vs. STATE

JUDGEMENT

(1.) Petitioner has filed rejoinder to the reply filed on behalf of the respondent No. 4. No reply has been filed on behalf of the respondents No. 1 to 3. At the joint request of the learned counsel for the parties and the Addl. Govt. Advocate, this writ petition is being disposed-of.

(2.) Heard.

(3.) The relevant facts are that the petitioner was appointed as a male nurse in Feb. 1984. The Chief Medical & Health Officer, Jalore vide his office order dated 24.11.90 (Annex. 1) transferred the petitioner from Primary Health Centre, Gudamalani, where he was working as male nurse II to Primary Health Centre, Sanchore. Thereafter, the Director Medical & Health Services, Raj., Jaipur by his office order dated 143.91 transferred him from Primary Health Centre, Sanchore to the office of the C.M.H.O., Pali from where he was posted in the Government Hospital, Siwana. By the Addl. Director (Admn.), Medical and Health Services, Jaipur's order dated 19.12.91 (Annex. 3), petitioner was again transferred and directed to report before the CM. & H.O., Nagaur. Before the petitioner could join at Nagaur, he was again transferred by the respondent No. 2 vide his order dated 4.2.92 Annex. 4 from Pali to the office of the C.M. & H.O., Jodhpur. Petitioner joined at Jodhpur on 4.3.92 but again the respondent No. 2 by his another order dated 31.7.92 (Annex. 5) transferred him from Jodhpur to Barmer. However, respondent No. 2 vide his order dated 11.8.92 (Annex. 6) posted the petitioner in the Govt. Hospital, Gudamalani, where he joined on 20.8.92. It may be mentioned here that the respondent No. 2 by his order dated 31.7. 92 (Annex. 5) also transferred Isa Ram Choudhary Male Nurse II from Govt. Hospital Gudamalani to the office of the Director, E.S.I. Jaipur. However, the respondent No. 2 vide his another office order dt. 1.10.92 Annex. 8 cancelled his earlier order dt. 31.7.92 (Annex. 5) qua respondent No. 4 and directed that the latter will continue at Govt. Hospital, Gudamalani (Barmer). On receipt of the respondent No. 2's office order dated 1.10.92 (Annex. 8), the respondent No. 3 (C.M. & H.O. Barmer) informed the former that in compliance of order Annex. 6, the petitioner had already joined at Primary Health Centre, Gudamalani that by order dt. 1.10.92, respondent No. 4's transfer had been cancelled but no direction was given about the posting of the petitioner and as such at Primary Health Centre, Gudamalani, as against one post of Male Nurse II, two persons have been posted and that at present, no post of Male Nurse II was vacant. He also informed the respondent No. 2 that the petitioner was being sent to the Directorate of Medical & Health Services for his further posting by his letter dated 12.10.1992 (Annex. 7).