The essential qualifications for a designation and the applicability of previous judgments in similar cases.

JUDGMENT

Rekha Borana, J. - The present writ petition has been filed against the order dated 03.08.2022 (Annex.-2) whereby the petitioner has been transferred/posted from CMHO Sri Ganganagar to the District Hospital Sri Ganganagar.

2. It has been averred in the petition that firstly, the order of transfer is in contravention to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (hereinafter referred to as 'Rules of 2011'). Secondly, the impugned order does not even specify the designation of the petitioner at the place where he has been transferred. Thirdly, the petitioner was a Senior Medical Officer working as a CMHO and now he has been sought to be transferred as a Medical Officer which evidently is a designation junior to a Senior Medical Officer.

3. Learned counsel for the petitioner relied upon the judgment passed in the case of Hira Lal Tabiyar v. The State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 10796/2022, decided on 27.09.2022.

4. Per contra, learned counsel for the respondents relied upon the judgment passed in the case of Dr. Banwari Lal Meena v. State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 11404/2022, decided on 10.10.2022. Learned counsel submitted that in Dr. Banwari Lal Meena's case (supra), all the grounds as raised by the petitioner in the present writ petition have already been dealt with and after consideration of the same, the writ petition of the petitioner therein has been dismissed. It has been submitted that therefore, the present matter is squarely covered by Dr. Banwari Lal Meena's case (supra).

5. Learned Senior counsel appearing for private respondent No. 5 submitted that the present writ petition cannot be entertained even on the ground that the petitioner has already joined in pursuance to the order dated 03.08.2022 at his new place of posting and therefore, in light of the Division Bench judgment in Pankaj Chouhan v. State of Rajasthan & Ors.; D.B. Special Appeal Writ No. 119/2021 (decided on 01.04.2021), the present writ petition cannot be entertained.

6. Heard learned counsel for the parties and perused the material available on record.

7. So far as the ground of the order dated 03.08.2022 being in contravention to Rule 8 of the Rules of 2011 is concerned, the same has been dealt with in Dr. Banwari Lal Meena's case (supra) and it has been held that so far as the impugned order is concerned, the same is not a transfer order. In Dr. Banwari Lal Meena's case (supra), it has been held that in terms of the circular dated 15.03.2022, the persons who could be posted as CMHO had to possess certain qualifications and those who did not possess the said qualifications were not entitled to continue to remain posted as CMHO and therefore, they have been accorded posting at different places. Thus, the provisions of Rule 8 of the Rules of 2011 which pertains to transfer of the employees would have no application.

8. Admittedly, the present petitioner is also governed by the circular dated 15.03.2022 and admittedly, the petitioner is not having the grade pay of 7600 which is an essential qualification for continuing as a CMHO in terms of the circular dated 15.03.2022. The ratio as laid down in Dr. Banwari Lal Meena's case (supra) would therefore, definitely apply and in the observation of this Court, the order dated 03.08.2022 cannot be concluded to be a transfer order.

9. The next submission raised by learned counsel for the petitioner that the petitioner has been posted as a Medical Officer whereas he is a Senior Medical Officer, has also been taken care by the office order dated 12.10.2022 which has been placed on record today by learned counsel for the respondents. Vide the said order, the earlier order dated 07.09.2022 has been sought to be amended and it has been declared that the petitioner would hold his post as a Junior Specialist. The post of the Junior Specialist is admittedly the post equivalent to the Senior Medical Officer and therefore, after the said amend