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2022 Supreme(Raj) 399

State Of Rajasthan, Through The Secretary, Department Of Medical And Health – Appellant
Versus
Rekha Kumari D/o Shri Laxmi Narayan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karan Singh Rajpurohit, AAG, with Mr. Rajat Arora
For the Respondent: Mr. R.S. Choudhary, Mr. Vikas Bijarnia, Mr. Yashpal Khileree, Mr. K.R. Saharan, Mr. S.K. Poonia, Mr. Surya Prakash, on behalf of Mr. Tanwar Singh

JUDGMENT :

MEHTA, J.

1. The instant bunch of 91 intra court appeals led by D.B. Civil Special Appeal (Writ) No.284/2022 (State of Rajasthan & Ors. Vs. Rekha Kumari) has been preferred by State of Rajasthan for assailing the common impugned order dated 09.03.2022 passed by the learned Single Bench accepting 99 writ petitions [led by S.B. Civil Writ Petition No.3299/2022 – Anju Bala Vs. State of Rajasthan & Ors.]. Details of the intra court appeals and the writ petitions are mentioned in the Schedule appended to this judgment.

2. The basic controversy involved in these appeals is as to whether the employees, whose parent cadre is Medical and Health Department and whose services have been provided to the Panchayati Raj institution can be transferred by the Medical and Health Department without following the procedure laid down under Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (for short, hereinafter referred to as ‘the Rules of 2011’), which reads as below:-

    “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

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