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 order(s) issued on one day i.e. 29.09.2019 by the Additional Director (Administration), Medical and Health Services, Rajasthan Jaipur.
(2.) The essence of petitioners' contention is that the respondent State, more particularly the Department of Medical and 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 and 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 and 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." ;