Timely administrative action is essential to comply with judicial directives regarding personnel transfers.

Order

12/01/2024

1. Grievance of the petitioner herein is that despite direction of this Hon'ble Court in an earlier writ petition filed by the petitioner being S.B. Civil Writ Petition No. 11438/2022 [Naina Kumari Garasiya & Anr. Vs. State of Rajasthan & Ors.] decided on 07.09.2022, wherein, this Court directed the respondents to sympathetically consider the representation of the petitioner to transfer her at the same station where her spouse is working, the respondents have not considered the said representation and no action, whatsoever, has been taken by the respondents on the same.

2. The matter was earlier heard by me on 02.01.2024 and the following order was passed:

"The petitioner is aggrieved by denial of her conjugal rights, due to the inaction of State Government authorities to take action on her pending representation to seek transfer, in compliance of the transfer policy of the State Government to post husband and wife at the same place.

This is, in fact, second foray of the petitioner before this Court seeking decision on her pending representation, as earlier writ petition filed by her was disposed of by coordinate Bench of this Court, whereby the respondents were directed to decide the representation within three weeks from the date of petitioner filing the same before the respondents.

Pursuant thereto, the petitioner filed representation dated 12.09.2022 along with a copy of Court's order. However, the same has remained unattended till date, compelling the petitioner to approach this Court through another round of litigation.

Despite issuance of notice in the present case way back on 19.04.2023, neither any further action has been taken on the pending representation nor any return has been filed. In the premise, the respondent no. 1 Director, Medical and Health Service Directorate, Swasthya Bhawan, Jaipur shall join the proceedings on the next date through Video Conferencing, to explain the aforesaid. In case he cannot join through Video Conferencing, he shall then remain personally present in the Court on the next date.

Post the case on 11.01.2024."

3. Apropos, at the very outset, on resumed hearing today, learned counsel for the respondents states that an administrative order dated 10.01.2024 has been passed, a copy whereof has been tendered in the Court, which is taken on record and marked as ANNEXURE-A.

4. A perusal of the same reflects that the grievance of the petitioner stands mitigated, as she has now been transferred/posted to a place where her husband is currently working.

5. In the premise, no further proceedings are warranted before this Court.

6. The writ petition is disposed of accordingly.

7. Pending application(s), if any, shall also stand disposed of.