DR. PRADEEP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition, petitioner has challenged impugned order dated 10th of July, 2018 (Annex.3) whereby he is transferred as Medical Officer from PHC Shishod, Dungarpur to CHC Bhinder, Udaipur and the subsequent order dated 20th of July 2018 (Annex.4), whereby he is relieved from Dungarpur pursuant to order Annex.3.

(2.) Precisely, to assail the impugned orders, petitioner has taken shelter of following condition incorporated in the appointment order dated 5th of October, 2015 (Annex.1):

(3.) At the outset, it may be observed that the said condition cannot furnish a plausible ground to the petitioner for assailing impugned order Annex.3, which is a general transfer order, issued by competent authority to meet administrative exigencies. A bare perusal of order Annex.3 makes it abundantly clear that by the said order in all 764 doctors are transferred from one place to another and it is not the petitioner alone who has been singled out for transfer. After examining the above quoted condition, in my opinion, same cannot be construed as a substantial ground to challenge the transfer order because the said compulsory rural services of 3 years is prescribed by the Government for the employee/Doctor concerned. To put it more clear in terms of the condition, any MBBS Non-PG doctor cannot refuse to serve rural areas for at-least three years. However, upon construing the said condition, it is rather difficult to comprehend that same is enforceable vis-a-vis administration so as not to disturb the incumbent Non-PG doctors from rural posting for three years. There remains no quarrel that transfer is an incidence of service and an incumbent working on a transferable post can be shifted from one place to another to meet administrative exigencies.