[2025:RJ-JP:18021] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6326/2025 Mukesh Kumar Mali S/o Shri Suraj Karan Mali, Aged About 35 Years, Resident Of Ward Number 13, Jai Hanuman Colony, Brijlal Nagar, Malpura, Tonk, 304502. Presently Posted As Nursing Officer, Sub District Hospital Phagi District Jaipur. Employee Id No. Rjaj20201035199. ----Petitioner Versus 1. State Of Rajasthan, Through Director Medical, Health And Family Welfare Services, Rajasthan, Jaipur. 2. The Director (Non-Gazetted) And Additional Director (Administration), Panchayati Raj Medical Department, Rajasthan, Jaipur. 3. The Block Chief Medical Officer, Malpura, Tonk. 4. The Chief Medical And Health Officer, Jaipur Second. 5. Principal Medical Officer, Phagi. 6. Kadir Ahmed, Senior Nursing Officer At Phc Lambharsingh Block Malpura, Tonk. ----Respondents For Petitioner(s) : Mr. Virendra Prajapat For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/04/2025 1. Matter pertains to inter se transfer of petitioner and private respondent No.6- Sh. Kadir Ahmed, in the list dated 15.01.2025, wherein their names find place at Serial No.374 & 375. Petitioner, as Nursing Officer, has been transferred from Sub-District Hospital, Phagi, District Jaipur to PHC Lambahaarsingh, Block Malpura, District Tonk, whereas respondent No.6, as Senior Nursing Officer, has been transferred from PHC Lambahaarsingh, Block Malpura, District Tonk to the place of petitioner i.e. Sub- District Hospital, Phagi, District Jaipur. [2025:RJ-JP:18021] (2 of 3) [CW-6326/2025] 2. It has been pointed out that petitioner as well as respondent No.6 both preferred appeals against their respective transfer order before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short “the Tribunal”). Petitioner’s appeal, bearing No.1609/2025 has been dismissed vide order dated 03.03.2025, whereas in the appeal, bearing No.2032/2025 filed by respondent No.6, interim stay has been granted and same is pending before the Tribunal. 3. Counsel for petitioner submits that petitioner made a request before the Tribunal to hear both the appeals simultaneously, but without acceding to his request, his appeal was dismissed, recording some perverse reasoning, vide order dated 03.03.2025, whereagainst petitioner has preferred a review application, which is pending before the Tribunal. 4. It has further been pointed out that in the appeal No.2032/2025 filed by respondent No.6, petitioner has not been impleaded as party, despite being necessary party. 5. Taking into consideration the overall facts & circumstances of present case, as referred hereinabove, petitioner is granted liberty to move an application for his impleadment in the appeal No.2032/2025 filed by respondent No.6, stated to be pending before the Tribunal, as also to move an application before the Tribunal, to hear his pending review application along with the appeal filed by respondent No.6. Needless to observe that petitioner is affected and necessary party, required to be impleaded in the appeal filed by respondent No.6. 6. In view of the fact that the transfer order of respondent No.6 has been stayed by the Tribunal vide order dated 05.03.2025, it is hereby directed that till decision of appeal No.2032/2025 filed by [2025:RJ-JP:18021] (3 of 3) [CW-6326/2025] respondent No.6 and review application filed by petitioner, the transfer order dated 15.01.2025 qua petitioner shall also remain stayed and petitioner shall be allowed to continue to work at Sub- District Hospital, Phagi, District Jaipur and draw salary therefrom. However, it is made clear that the Tribunal shall consider and decide the appeal No.2032/2025 filed by respondent No.6 and review application filed by petitioner, on their own merits, without being influenced by the present Order, granting stay in favour of petitioner. 7. With the aforesaid, instant writ petition stands disposed of. 8. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/16