TEJ PAL SINGH SON OF SHRI SARDAR RAM v. THE PRINCIPAL SECRETARY
CW/16476/2025 · 2025-11-18
Ashok Kumar Jain
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40018 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40018 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:46558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16476/2025 Tej Pal Singh Son Of Shri Sardar Ram, Aged About 38 Years, Resident Of Village And Post Budanioya, District Jhunjhunu (Rajasthan), Presently Working On The Post Of Nursing Officer At Phc Ghumansar Kalan, Block Pilani, District Jhunjhunu, Rajasthan. ----Petitioner Versus
1. The Principal Secretary, Medical Health And Family Welfare Department, Rajasthan Secretariat, Jaipur (Raj.)
2. The Director (Non Gazetted) And Additional Director (Adm), Panchayatiraj (Medical) Department, Rajasthan, Jaipur, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Jhunjhunu (Rajasthan).
4. Block Chief Medical And Health Officer, Block Pilani, District Jhunjhunu (Rajasthan).
5. Mukesh Kumari C/o Nursing Officer, Presently Working As Nursing Officer At Phc Bhagina, Block Chirawa, District Jhunjhunu (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : Mr. Archit Bohra, AGc HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 18/11/2025
1. Instant writ petition is preferred by petitioner with following prayer:
“Issue a writ order or direction in the nature thereof thereby quashed and set aside the
[2025:RJ-JP:46558] (2 of 3) [CW-16476/2025]
order dated 19.09.2025 passed by learned Tribunal and order dated 15.01.2025 passed by respondent by which the respondent transferred the petitioner from PHC Bhagina, Block Chirawa, District Jhunjhunu to Karyo PBN and Sawarg Hospital Bikaner Nursing on the post of kindly may be Officer and respondent directed to continue the petitioner at PHC Bhagina, Block Chirawa, District Jhunjhunu in the larger interest of justice.”
2.
Learned counsel for petitioner submits that appeal No.814/2025 is dismissed by Rajasthan Civil Services Appellate Tribunal on 19.09.2025. He further placed reliance upon order dated 04.11.2025 in SB Civil Writ Petition No.16789/2025 titled as Kiran Vs. State of Rajasthan and Ors. and submitted that to accommodate respondent No.5, the petitioner has been transferred from current place (Jhunjhunu) to Bikaner. He further submitted that the wife of present petitioner is also working as Nursing Officer in PHC Bhagina and as per transfer policy of State Government, the wife and husband, if are in government service, they be posted at same place or nearby places. He also submitted that petitioner is entitled for relief on grounds mentioned by him.
3. Mr. Archit Bohra, AGC accepts notice on behalf of respondent No.1 to 4 and he submits that petitioner may submit a representation to the respondents.
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4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation considering that husband and wife are government servants and normally their place of posting should be at same place or nearby place. In case of deviation, decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition.
5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /393