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ARUN BHANSALI
Anju Bala W/o Shri Daleep Singh Saharan – Appellant
Versus
State of Rajasthan through the Secretary, Department of Medical and Health, Secretariat, Jaipur – Respondent
ORDER :
The present bunch of 100 writ petitions, enlisted in the appended Schedule give rise to same issue, which shall be treated to be part and parcel of the order instant, are decided by a common order, however, the facts of SBCWP No.3299/2022: Anju Bala vs. State of Rajasthan & Ors., are illustratively taken into consideration.
2. These writ petitions have been filed by the petitioners aggrieved against the orders passed by the respondents, whereby the petitioners have been directed to report to the office of Chief Medical and Health officer and subsequent thereto they have been accorded postings at the places different from where they were already working.
3. It is, inter-alia, indicated in the writ petition that the petitioners, were posted at particular PHC/CHC or Sub-Centres, when the order dated 18.02.2022 was passed by the Secretary, inter-alia, indicating that for the purpose of providing good governance and looking to the general public interest, nursing staff working more than the posts sanctioned for the said place and whose salary was being drawn from the place other than where they were working, would report to the Chief Medical and Health Officer and give their option
The central legal point established in the judgment is that transfers of employees from Panchayati Raj Institution must strictly comply with Rule 8 of the Rules of 2011.
Rule 8 is not a provision dealing with the procedural requirement or formality of processing an application etc. As a matter of fact, it is a power given to the State officials to effect transfers – ....
The court emphasized that compliance with transfer rules is mandatory, allowing ex-post facto consent to validate transfer orders while highlighting the need for humane considerations in administrati....
Rule 8(ii) seeks to ratify transfers affected, that too cannot be done – an act which is void ab-initio cannot be ratified and that too by authority which has usurped powers.
The essential qualifications for a designation and the applicability of previous judgments in similar cases.
Consent from the Panchayati Raj department is mandatory for inter-district transfers, but ex-post facto consent can validate such transfers if obtained within a reasonable timeframe.
Transfer orders must specify duty locations and consult local governing bodies per statutory requirements, fostering transparency in governance.
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