[2025:RJ-JP:46378] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15220/2025 Suman Kumari Daughter Of Magturam, Aged About 43 Years, Address Keshar Ki Dhani, Tehsil - Patan, District - Sikar (Rajasthan) ----Petitioner Versus 1. Principal Secretary To Government, Medical And Health Department, Rajasthan, Secretariat, Jaipur. 2. Director (Non-Gazetted), Medical And Health Department, Swasthya Bhawan, Jaipur 3. Chief Medical And Health Officer, Sikar. 4. Block Chief Medical Officer, Neem Ka Thana, District Sikar. 5. In-Charge, Chc Chala, Block Neema Ka Thana, District Sikar. 6. In-Charge, Chc Setrawa, District Phalodi ----Respondents For Petitioner(s) : Mr. Tribhuvan Narayan Singh For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Rahul Verma Mr. Rakesh Meena, Registrar, RCSAT, present in person HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/11/2025 1. Instant writ petition is preferred by the petitioner with following prayer:- “(i) by an appropriate writ, order or direction, the order dated: 15.01.2025 (Annexure:02) qua the petitioner (Serial Number :32, Suman Kumari) be declared illegal, void and the same may kindly be set aside and quashed. (ii) by an appropriate writ, order or direction, the relieving order dated: 21.01.2025 (Annexure: 03) [2025:RJ-JP:46378] (2 of 5) [CW-15220/2025] be declared illegal, void and the same may kindly be set-aside and quashed. (iii) by an appropriate writ, order direction, the order dated: 18.07.2025 (Annexure: 10) be declared illegal, void and the same may kindly be set aside and quashed. (iv) by an appropriate writ, order or direction, the Learned Rajasthan Civil Services Appellate Tribunal, Jaipur order dated: 26.08.2025 (Annexure: 12) passed in Appeal No. 3866/2025 Titled Suman Kumari Vs. Principal Secretary & Ors. be declared illegal, void and the same may kindly be set aside and quashed. (v) by an appropriate writ, order direction, the respondents be directed to issue appropriate fresh order in respect of posting of the petitioner on the post of Nursing Officer Grade II at Community Health Centre (CHC): Chala, Block: Neem Ka Thana, District: Sikar. (vi) by an appropriate writ, order or direction, the respondents be directed to issue appropriate orders in respect of the petitioner in regard to regular salary, continuity in service and consequential benefits etc. (vii) by an appropriate writ, order or direction, the respondents be directed to issue afresh appropriate orders expeditiously in within one month. (viii) any other relief which the Hon'ble Court deems fit be passed in favor of the petitioner.” 2. The contention of the counsel for the petitioner is that the petitioner has been pre-maturaly transferred from Neem Ka Thana (Sikar) to Phalodi District, at a place where no vacancy is existing so as to enable the petitioner to join on post of Nursing Officer (Grade-II). Learned counsel further submits that the petitioner has preferred an appeal before the Rajasthan Civil Service Appellate Tribunal (RCSAT) and was disposed of with direction to submit a representation but the representation submitted by the petitioner was dismissed by the respondents. He further submits that aggrieved petitioner has preferred an appeal and same was [2025:RJ-JP:46378] (3 of 5) [CW-15220/2025] withdrawn from Jodhpur Bench of the Tribunal, and now the instant writ petition is filed on the ground that the petitioner was transferred from Neem Ka Thana to Phalodi and when the petitioner has approached newly transferred place, then she was returned back by In-charge without joining and now the petitioner is before this Hon’ble Court. 3. Aforesaid contentions were vehemently opposed by learned AGC Mr. Archit Bohra on the ground that if the petitioner desirous to join at her place of posting then she may join immediately at the Office of CMHO, Phalodi. He further submits that the petitioner has no right to demand transfer at a specific place as transfer is incident of service and in catena of judgments, it has been held that the transfer on a particular post or at a particular place is not an enforceable right under Article 226 of the Constitution of India. He placed reliance upon an order dated 16.05.2025 passed by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No.9756/2025 (Hariom Upadhyay Vs. State of Rajasthan and Ors.) and upon the following judgments passed by Hon’ble Supreme Court:- i. S.K. Nausad Rahaman and Ors. Vs. Union of India and Ors. : (2022) 12 SCC 1; ii. State of U.P. Vs. Gobardhan Lal : (2004) 11 SCC 402; iii. National Hydroelectric Power Corpn. Ltd. Vs. Shri Bhagwan : (2001) 8 SCC 574; iv. Abani Kanta Ray Vs. State of Orissa : 1995 Supp (4) SCC 169; v. Shilpi Bose (Mrs.) Vs. State of Bihar : 1991 Supp (2) SCC 659; vi. B. Varadha Rao Vs. State of Karnataka : (1986) 4 SCC 131; vii. Rajendra Roy Vs. Union of India : (1993) 1 SCC 148 and [2025:RJ-JP:46378] (4 of 5) [CW-15220/2025] viii. Sri Pubi Lombi Vs. State of Arunachal Pradesh : 2024 INSC 200. 4. Having considered aforesaid and also on perused of the material on record and the judgments as referred by learned counsel for the parties, instead of passing any direction to quash the impugned order, it is appropriate to dispose of the writ petition with liberty to the petitioner to submit a fresh representation to the respondents and the respondents are directed to consider the representation of the petitioner in light of the grounds mentioned by the petitioner but in case, the petitioner is not entitled to any relief, the respondents are under an obligation to pass a reasons and speaking order under intimation to the petitioner. 5. The AGC on behalf of respondents undertake to issue a fresh instruction about joining of the petitioner in the Office of CMHO, Phalodi. The instructions shall be issued latest by tomorrow evening and same shall be complied by the petitioner but it will not defeat the right of the petitioner to pursue the transfer from Neem Ka Thana to District Phalodi. 6. If the petitioner is still aggrieved, she has a right to re- approach the Court with a fresh petition. 7. Before parting the order, it is appropriate to mention that Mr. Rakesh Meena, Registrar, RCSAT, is present in person along with Mr. Archit Bohra, AGC and they submit that the video conferencing facility along with Display Board System is in process of installation and in one week time same will be functional and will be available to all lawyers. They need time for installing documents scan facility so as to transmit record from one Bench to another. [2025:RJ-JP:46378] (5 of 5) [CW-15220/2025] 8. Considering aforesaid, it is appropriate to register a miscellaneous application and list before this Court on 01.12.2025 for compliance of direction dated 16.10.2025 after disposal of the writ petition No.15220/2025. 9. With the aforesaid, the instant writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MR/391