[2025:RJ-JP:21492] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16619/2022 Dr. Salma Khatun W/o Shri Ayub Khan, Aged About 46 Years, Resident of 421, Kishanbagh, Naya Kheda, Ambabari, Jaipur. ----Petitioner Versus 1. State of Rajasthan, Through Its Principal Secretary, Ayurved, Unani And Indian Medicine Department, Government of Rajasthan, Government Secretariat, Jaipur. 2. Deputy Secretary, Ayurveda, Yoga And Naturopathy, Unani, Sidhdha And Homeopathy Department, Rajasthan, Jaipur. 3. Director, Unani Medical Department, Directorate, Jaipur. 4. Dr. Ankit Baswal, Medical Officer, Government Unani Hospital, Devaliya Kala, Ajmer Now Posted In Place Of Petitioner. ----Respondents For Petitioner(s) : Mr. Pawan Sharma for Mr. Ashok Bansal For Respondent(s) : Mr. Manish Kumar Saini Mr. Somitra Chaturvedi HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/05/2025 1. Heard counsel for both the parties and perused the material available on record. 2. Under challenge is transfer order of petitioner dated 23.09.2022 whereby and whereunder, petitioner, who is Senior Medical Officer Grade II has been transferred form CHC Sanganer, Jaipur to Government Unani Hospital, Devaliya Kala, Ajmer. In the [2025:RJ-JP:21492] (2 of 3) [CW-16619/2022] same list of transfer dated 23.09.2022, private respondent No.4 who is Medical Officer, has been posted at CHC Sanganer, Jaipur. 3. Petitioner assailed her transfer order by filing an appeal before the Rajasthan Civil Services Appellate Tribunal, Jodhpur, which was considered on merits and has been dismissed vide order dated 04.11.2022, with observation that transfer order of petitioner has been passed in administrative exigency and same does not suffer from any malafide or flagrant violation of statutory rules or transfer policy of the Government. Petitioner tried to make out a case that she is a Senior Medical Officer and has been transferred vice private respondent No.4, who is a Medical Officer, whereas the factual aspect has been clarified by the respondents in the reply that indeed post sanctioned at CHC, Sanganer, Jaipur is of Medical Officer and when petitioner was Medical Officer, she was given posting at CHC, Sanganer, Jaipur in the year 2015 but vide order dated 06.12.2021, petitioner has been promoted to Senior Medical Officer Grade II, hence, she has been transferred to Government Unani Hospital, Devaliya Kala, Ajmer against the post of Senior Medical Officer Grade II. 4. In that view of the matter, this Court finds that petitioner after getting promotion from Medical Officer to Senior Medical Officer Grade II has not right to continue at CHC, Sanganer, Jaipur where the sanctioned post is for Medical Officer. 5. Counsel for petitioner, having argued the writ petition on merits and after obtaining instructions from the petitioner, does not press the challenge made to the impugned transfer order dated 23.09.2022 and submits that if any vacant post of Senior [2025:RJ-JP:21492] (3 of 3) [CW-16619/2022] Medical Officer Grade II is available in Jaipur or nearby Jaipur, petitioner may be directed to be accommodated at that place. 6. In view of above, without interfering with the impugned transfer order dated 23.09.2022, the instant writ petition stands disposed of with liberty to petitioner to submit a Representation before the respondents to consider her candidature against any vacant post of Senior Medical Officer in District Jaipur or nearby place, if available. 7. Interim stay order dated 11.11.2022 stands vacated. 8. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/89