SUNIL DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against order dated 28.2.17 issued by the Chief Medical and Health Officer, Hanumangarh, whereby the petitioner holding the post of ANM at Sub Health Center, 2KSP has been kept awaiting posting order. The petitioner has also challenged order dated 1.3.17, whereby she has has been relieved from the post of ANM, Sub Health Center, 2KSP, pursuant to aforesaid order dated 28.2.17.

(2.) A perusal of the order dated 28.2.17 reveals that the petitioner has been kept under awaiting posting order in compliance of telephonic message received from Legislative Assembly, Rajasthan allegedly under the instructions of Minister for Medical and Health.

(3.) Learned counsel for the petitioner submitted that the employees working in Medical and Health Department in rural areas stands transferred to Panchayati Raj Institutions under the Rajasthan Panchayati Raj (Transfer Activities) Rules, 2011 ('the Rules of 2011') and as per Rule 8, the transfer of the employees governed by the Rules of 2011, within the district from one Panchayat Samiti to another is permissible to be made by the District Establishment Committee of Zila Parishad concerned and in case of transfer from one district to another district by the Department concerned with the consent of Panchayati Raj Department and thus, the order impugned issued by the Chief Medical and Health Officer, whereby the petitioner has been kept awaiting posting order is ex facie without jurisdiction. In support of the contention, learned counsel has relied upon a decision of this Court dated 13.11.17 rendered in the matter of 'Munesh Devi v. State and Ors. (SB Civil Writ Petition No. 14522/16 and connected petitions). Learned counsel submitted that the order impugned has been issued in most arbitrary manner on the basis of alleged telephonic message without verifying the same appropriately and therefore, the same deserves to be quashed on this count alone.