G.S.Singhvi, J. - (1.) By this writ petition the petitioner, who is holding post of Chikitsak in Ayurveda Department, has challenged the order dated 24.8.91 passed by the Director Ayurveda Department, Rajasthan, Jaipur, whereby he has been transferred from 'A' Grade Hospital Bharatpur to Thana in District Bhilwara.
(2.) In short the case of the petitioner is that he passed BAMS Examination from MMM Ayurvedic College, Udaipur in the year 1978. He joined Government Service on being appointed as Chikitsak in Ayurveda Department in the year 1980 and he has been discharging his duties satisfactorily. He has passed M.D. (Ayurveda) in the year 1989. In July, 89 the petitioner was transferred to Ayurved Pharmacy at Ajmer. Thereafter by an order dated 25.12.90 he was transfer to 'A' Grade Ayurved. Hospital at Bharatpur. This order was passed on the basis of representation made by the petitioner that his wife was seriously ill and therefore, it was necessary that he be posted at his native place. The order of transfer dated 25.12.90 was passed in accordance with the Govt. Policy of posting Post Graduate Chikitsak in 'A' Grade Ayurveda Hospital. However, just after 8 months of his posting at Bharatpur, on his personal representation and in furtherance of the policy of the Government, an order dated 24.8.91 has been passed by the Director Ayurveda Department transferring petitioner to Thana (Bhilwara) and respondent No. 3 has been transferred to 'A' Grade Ayurveda Hospital, Bharatpur. This has been done at the instance of the respondent No. 4, who wanted to favour respondent No. 3. Respondent No. 3 has been transferred on request and therefore, he has not been allowed travelling allowance or joining time. Respondent No. 3 had been transferred from Bharatpur District just before 4 months ago. And now has been accommended at Bharatpur once again.
(3.) The petitioner's case is that the order of transfer has been passed in utter disregard of the Government policy of posting Ayurveda Chikitsak having Post Graduate Qualification in 'A' Grade Hospital. Another policy of the Government of not passing the order of transfer before completion of 2 years service at a place of posting has been flouted. Above all, the petitioner has been shunted out of Bharatpur only in order to make room for respondent No. 3, who manipulated his retransfer to Bharatpur within 4 months of his earlier transfer and this has been possible on account of the interference by respondent No. 4 who is the State Minister for Ayurveda Department, Government of Rajasthan.;