JUDGMENT :

Dinesh Mehta, J.

1. This group of writ petitions (enumerated in the Schedule appended with the present order, which be treated an integral part of this order) lay challenge to separate transfer orders issued on one day i.e. 29.09.2019 by the Additional Director (Administration), Medical & Health Services, Rajasthan Jaipur.

2. The essence of petitioners' contention is that the respondent State, more particularly the Department of Medical & Health Service, has no authority to transfer the petitioners, whose services are governed by the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (hereinafter after referred to as "the Rules of 2011"). For the sake of convenience and clarity, the relevant facts from Kiran Kumari's case (SB Civil Writ Petition No. 14964/2019) are taken into consideration.

2.1. It may be noted that the State Government issued a circular/order dated 02.10.2010, whereby Sub-Centres, Primary Health Centres (PHC) and Community Health Centres (CHC) situated in various rural areas of Medical & Health Department, including their staff were transferred to the Panachati Raj Institutions.

2.2. According to such decision of the State, services of all such employees (including the petitioners) were ordered to be governed by the Rules of 2011. Consequently, their parent department remains Medical & Health Department, but their other incidence of service, including transfer are governed by the Rules of 2011.

2.3. Petitioner was afforded appointment on the post of Auxiliary Nurse Midwifery (ANM) on 29.01.2016.

2.4. The present bunch of writ petitions includes those persons who have been transferred from one District to another and one Panchayat Samiti to another Panchayat Samit, so also one Gram Panchayat to other.

2.5. By way of the order dated 29.09.2019, respondent No. 2 has transferred the petitioner - Kiran Kumari from Community Health Center Rajgarh, Churu to Sub-Center, Bhawta, Kuchaman City, Nagaur - from one district to another.

3. Mr. Vikas Bijarnia, learned counsel leading the arguments in this group of matters, at the outset submitted that after transfer of petitioner's services to the Panchayati Raj Department, petitioners' transfer can be made only in accordance with Rule 8 of the Rules of 2011, which reads thus:-

"8. Transfer.- Transfer of such transferred employees shall be made under the transfer policy and directions issued by the State Government from time to time, by:-

(i) the Administration and Establishment Committee of the Panchayat Samiti concerned within the same Panchayat Samit.

(ii) the District Establishment Committee of the Zila Parishad concerned from one Panchayat Samiti to another Panchayat Samiti within the same District.

(iii) the department Concerned from one district to another district with the consent of the Panchayati Raj Department."

4. Having read the provisions of Rule 8 of the Rules of 2011, learned counsel contended that transfer of an employee, from one Gram Panchayat to another, can be effected by the Administration and Establishment Committee of Panchayat Samiti concerned; in case of transfer from one Panchayat Samiti to another, it can be done by District Establishment Committee of the Zila Parishad concerned and in case of inter district transfer, the same can be done by the department concerned i.e. Medical & Health Department, of course with the consent of Panchayati Raj Department.

5. Learned counsel contended that as per the mandate of Rule 8 of the Rules of 2011, transfer of an ANM or any employee for that matter, governed by the Rules of 2011, in the contingencies mentioned in (i) and (ii) of Rule 8 can be effected by the Panchayati Raj Department and in the third contingency i.e. in case of inter-district transfer, the same can be done by Medical & Health Department, subject of course to consent of the Panchayati Raj Department.

6. Inviting Court's attention towards transfer order, Mr. Bijarnia pointed out that the same has been done by the Medical & Health Depar