[2026:RJ-JP:29786] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12944/2026 CNR: RJHC020688012026 | URN: CW / 28304U / 2026 Dr. Sonu Kumari Meena D/o Shiv Lal Meena, Aged About 41 Years, R/o 23/138, Swarn Path, Mansarovar, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Ayush Department, Govt. Secretariat, Jaipur 2. The Deputy Secretary, Ayurved, Yoga And Natural Medical, Unani, Sidda And Homeopathy (Ayush) Department, Govt. Of Rajasthan, Secretariat, Jaipur. 3. The Director, Directorate Of Homeopathy, Pratap Nagar, Jaipur. 4. Dr. Mahendra Meena, Medical Officer At Govt. Homeopathy Hospital, District Balotara. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan and Ms. Kavita Sharma For Respondent(s) : Mr. Vinod Kumar Gupta, Additional Government Counsel with Ms. Karishma Soni HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/07/2026 1. This writ petition has been filed by the petitioner with a challenge to the transfer order dated 10.07.2026, whereby the petitioner has been transferred from the Government Homeopathic Hospital, Kotkhawada to Government Homeopathic Hospital, District Balotra. He further submits that the petitioner is [2026:RJ-JP:29786] (2 of 4) [CW-12944/2026] a divorcee woman and has been transferred at a very distant place. He further submits that the petitioner has preferred an appeal bearing Appeal No.1868 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short ‘the Tribunal’), however, because of non constitution of bench for hearing the transfer matters, the hearing is not taking place since long. He further submits that for want of appointment of chairman and sufficient number of members in the Tribunal, the first hearing of the said appeals, has not taken place so far. 2. The learned counsel for the petitioner also submits that as per the order dated 22.07.2026 issued by the Registrar of the Tribunal, there is no bench to hear the matters pertaining to transfer as the transfer matters are to be heard by two members bench and there are no sufficient members to constitute the bench. 3. The Government has adopted sluggish approach in making the appointment for chairman and number of members at the Tribunal and because of which the hearing of the appeals is being delayed. It is obligatory duty of the welfare state that whenever a statute provides legal remedy to its employees then they should also make sincere efforts that that legal remedy, as provided under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, achieves its object by hearing the appeals preferred by the employees, but the State Government is failing in its duties in making appointment for the chairman and number of members in the Tribunal, well in time. 4. It has been brought to the notice of the Court that after transfer orders of the employees in bulk, a large number of [2026:RJ-JP:29786] (3 of 4) [CW-12944/2026] appeals have been preferred by the employees before the Tribunal but, because of non constitution of bench for hearing the matters of transfer, the hearing of appeals pertaining to transfer matters, is held up. In the last week, the Court requested the learned Advocate General to instruct the State Government to make the appointment on the vacant posts of chairman and so also the number of members of the Tribunal, then the learned Advocate General stated that he will intimate to the Government regarding concern shown by the Court and also stated that by 27.07.2026, something positive will come out but, till date no appointment to the post of chairman or number of members at the Tribunal, has been made by the Government. In such circumstances, so as to ensure that the employees of the State Government or its functionaries may not be deprived of the legal remedy as provided to them by a statute, the Court is entertaining the writ petition directly under Article 226 of the Constitution of India during pendency of the appeals preferred by the petitioner before the Tribunal. 5. Taking into consideration the submissions made by the learned counsel for the petitioner and so also the present status, regarding hearing of the appeals by the Tribunal, the Court deems just and proper to dispose of the present writ petition by staying the effect and operation of the impugned transfer order dated 10.07.2026 qua the present petitioner till the first effective hearing of the appeal bearing No.1868/2026 pending before the Tribunal and effective order on the stay application filed along with it. [2026:RJ-JP:29786] (4 of 4) [CW-12944/2026] 6. The respondents shall allow the petitioner to continue at the Government Homeopathic Hospital, Kotkhawada . 7. The stay application and pending application, if any, also stand disposed of. (GANESH RAM MEENA),J 263/ARTI SHARMA