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2025 DAILYLAW 28069 (RAJ)

SMT. MAMTA MEENA D/O SHRI PRITHVIRAJ MEENA W/O SHRI JITENDRA KUMAR MEENA v. SECRETARY, DEPARTMENT OF MEDICAL AND HEALTH

CW/12696/2025 · 2025-08-26

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:33889] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12696/2025 Smt. Mamta Meena D/o Shri Prithviraj Meena W/o Shri Jitendra Kumar Meena, Aged About 42 Years, (Employee Id. Rjko200827017899) Resident Of House No. 345, Meena Sadan, Sabji Mandhi Ke Pass, Kotdi, Kota- 324007, Post And Present Place Of Posting Nursing Officer Abs Hospital Kota. ----Petitioner Versus 1. Secretary, Department Of Medical And Health, Govt. Secretariat Raj Jaipur. 2. Director, (Non Gazetted) And Additional Director (Administration), Panchayati Raj (Medical) Department Rajasthan Jaipur. 3. Superintendent Of Abs Hospital, Kota. 4. Kunjbihari Meena, Nursing Officer Abs Hospital Kota. ----Respondents For Petitioner(s) : Mr. Prithvi Pal for Mr. Tanveer Ahamad For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 26/08/2025 1. Instant writ petition has been filed by the petitioner assailing order dated 01.08.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 3234/2025 whereby the appeal filed by the petitioner against transfer order dated 15.01.2025 has been dismissed. 2. Learned counsel for the petitioner submits that vide order dated 15.01.2025, the petitioner was posted at MBS Hospital, Kota as Nursing Officer since 30.04.2010. However, only [2025:RJ-JP:33889] (2 of 3) [CW-12696/2025] in order to accommodate respondent No.4, transfer order dated 15.01.2025 was passed by the respondents, whereby respondent No.4 has been posted at his own request at MBS Hospital, Kota and the petitioner has been posted at JLN Medical College, Ajmer. 3. Learned counsel for the petitioner further submits that although on request transfer is not prohibited under the Rules, yet such transfer cannot be made at the cost of the petitioner more so when the post was not vacant. 4. Learned counsel relies upon the judgment of this Court in Ajay Kumar Shamra Vs. State of Rajasthan & Ors., 2003 (1) WLN 63 decided on 27.08.2002. He has further submitted that the husband of the petitioner is also a Senior Nursing Officer posted in Kota and her minor kids are pursuing their studies, therefore, on account of her personal reasons also, the transfer order would cause grave inconvenience to the petitioner. 5. Learned counsel for the petitioner submits that although, appeal was filed by the petitioner against the transfer order before learned Tribunal, yet without properly appreciating the grounds taken by the petitioner, the appeal has been rejected by the Tribunal. 6. I have considered the submissions made by counsel for the petitioner and examined the record. 7. It is an admitted case of the petitioner that since 30.04.2010, she has been posted at the same place in Kota. 8. It is a settled proposition of law that transfer is an incident of service and no one has vested right to continue at a particular place of posting for all times to come in his/her service [2025:RJ-JP:33889] (3 of 3) [CW-12696/2025] career. It is well within the rights of Government to transfer its employees as per occurrence of administrative exigency. 9. Transferring an employee at his own request, can also be a part of administrative exigency and merely on account of the fact that after rendering 15 years of service at a particular place, the petitioner has been asked to join at Ajmer in order to accede the request of respondent No.4, it cannot be termed in malicious exercise. 10. In the facts and circumstances of the case, where the petitioner had remained posted for 15 years at a particular place, learned Tribunal has rightly rejected the appeal filed by the petitioner. 11. I do not find any error in the impugned order. Hence, the writ petition filed by the petitioner is hereby dismissed. (ANAND SHARMA),J NEERU/13