[2025:RJ-JP:10382] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3396/2025 Sujhata Gothwal D/o Sh. Kishan Lal Gothwal, Aged About 33 Years, R/o Village Chinchroli, Kehtri, Jhunjhunu (Raj.) ----Petitioner Versus 1. The Secretary, Medical And Health Department, Secretariat, Jaipur (Raj.) 2. The Joint Secretary (Group-2), Medical And Health Department, Secretariat, Jaipur (Raj.) 3. The Director (Non-Gaz) Medical And Health Department, Swasthaya Bhawan, Jaipur (Raj.) 4. Khetaram S/o Parentage No Known, Senior Nursing Officer, Presently Posted As Nursing Officer, Primary Health Centre, Sefraguvaar, Khetri, Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Hemant Taylor For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN Order 07/03/2025 1. The present petition is filed assailing the impugned transfer order dated 15.01.2025 passed by the respondents whereby the petitioner/employee has been transferred from PHC Sefraguvaar, Khetri, Jhunjhunu to Government District Hospital, Neem ka Thana, Sikar on the post of Nursing Officer. 2. Learned counsel for the petitioner has submitted that the impugned transfer order is passed merely in order to accommodate the private respondent who has been sought to be transferred from Government District Hospital, Neem Ka Thana, [2025:RJ-JP:10382] (2 of 3) [CW-3396/2025] Sikar to PHC, Sefraguvaar, Khetri, Jhunjhunu. Therefore, it is a case of vice-versa transfer. 3. It is further submitted that herein, the petitioner has also assailed the impugned order dated 19.02.2025 passed by the learned RAT, whereby the appeal preferred by the applicant- petitioner has been dismissed, sans considering the vital aspects of the matter. 4. Per contra, learned AGC, while placing reliance upon the order dated 19.02.2025 passed by the learned RAT has stoutly opposed the contentions made by the learned counsel for the petitioner. 5. Heard and considered the rival arguments made by the counsel representing the parties, and perused the material placed on record. 6. Upon considering the aforementioned, this Court is of the view that the learned Tribunal has duly considered the vital aspects of the present matter and has passed a detailed order. Nevertheless, it is settled position of law that transfers are incidence of service and cannot be avoided. Accordingly, reliance is ought to be placed upon the ratios encapsulated in Mrs. Shilpi Bose and Ors. Vs. State of Bihar reported in AIR 1991 SC 532 and Rajendra Singh Vs. State of U.P. reported in (2009) 15 SCC 178. Thence, this Court is not inclined to interfere in the instant matter. For the sake of convenience, the opinion spelled out in the order dated 19.02.2025, passed by the learned Tribunal is reproduced herein below: “ge ;g ikrs gS fd ih,plh lsQjkxqokj [ksrMh esa uflZax vkWfQlj vkSj ofj"B uflZax vkWfQlj ds ,d&,d in fjä gSA vihykFkhZ uflZax vkWfQlj ds in ij dk;Zjr FkhA ftudk LFkkukUrj.k ftyk fpfdRlky; [2025:RJ-JP:10382] (3 of 3) [CW-3396/2025] uhe dk Fkkuk esa fd;k x;k gSA ;g vfookfnr fLFkfr gS fd vihykFkhZ dks mlls fuEu ds in ij inLFkkfir ugha fd;k x;k gSA ftyk fpfdRlky; uhe dk Fkkuk esa uflZax vkWfQlj vkSj ofj"B uflZax vkWfQlj ds fdrus in Lohd`r gSA bldk dksbZ fooj.k i=koyh ij izLrqr ugha fd;k x;k gSA vkykSP; vkns’k esa ge fdlh rjg dh vfu;ferrk ;k nqHkkZouk ugha ikrs gSA fygktk vihy [kkfjt dh tkrh gSA ijarq izR;FkhZ foHkkx dks ;g funsZf’kr fd;k tkrk gS fd vihykFkhZ dk ofj"B uflZax vf/kdkjh ds in ij inLFkkiu ds vk/kkj ij Hkfo"; esa mldks vf/k’ks"k ugha le>k tk;sxkA” 7. In view of the foregoing, the present petition is dismissed. The petitioner is directed to join at the new/ordered place of posting within a period of seven working days from the date of passing of this order. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/197