NARESH BANSAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 12.07.2019 (Annex.1), whereby the petitioner, who was working as CM and HO, Sriganganagar has been posted as Deputy Controller, District Hospital, Sriganganagar and order dated 13.07.2019 (Annex.8), whereby respondent No. 4 has assumed the charge.

(2.) It is, inter-alia, submitted by learned counsel for the petitioner that the action of the respondents in posting the petitioner as Deputy Controller is wholly illegal and as such, the same deserves to be quashed and set-aside. It is submitted that the post on which the petitioner was transferred, was not vacant as one Dr. Prem Kumar Bajaj was already working on the said post, the posting of the respondent No. 4 is in violation of the guidelines dated 08.09.2015 (Annex.3), which required experience of 20 years for being posted as CM and HO, which experience is not possessed by the respondent No. 4.

(3.) Further submissions have been made that the petitioner has been subjected to transfer only with a view to accommodate respondent No. 4 and that posting the petitioner as Deputy Controller is essentially demotion, inasmuch as, the petitioner is presently in the grade pay of Rs. 8700/-, whereas the post in question is meant for grade pay of Rs. 7600/- and therefore, also, the order impugned deserves to be quashed and set-aside.