- (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 1 -7 -2002 with a prayer that by an appropriate writ order or direction the impugned transfer order dtd. 14 -6 -2002 (Annex. P/13) passed by the Joint Director, Medical and Health Services, Bikaner Zone, Bikaner, Camp Jaipur (respondent No. 2) by which the petitioner was transferred from Primary Health Centre Gharsana to Primary Health Centre Padampur (Dist. Sri Ganganagar) be quashed and set aside.
(2.) THE facts as put forward by the petitioner are as under : i) That the petitioner was initially appointed as Female Nurse Grade II vide order dated 14 -10 -1993 and posted at Bikaner. She joined at Bikaner on 17 -10 -1993 and worked there up to 21 -5 -1999. The petitioner thereafter made a request to the concerned authority that she might be posted in Sri Ganganagar District as she belongs to Dist. Sri Ganganagar. On her request, the respondent No. 2 passed an order on 22 -5 -99 (Annex. P/1) transferring the petitioner from Bikaner Dist. to Sri Ganganagar and she was posted at Gharsana, Dist. Sri Ganganagar. In pursuance of order dtd. 22 -5 -99, the petitioner joined at Gharsana on 28 -5 -99. ii) That vide an order dtd. 11 -2 -2001 (Annex. P/2), the petitioner was again transferred from Gharsana to Rawla in the same District. She made a request to the respondent No. 3 (Chief Medical and Health Officer, Sri Ganganagar) that the transfer order dtd. 11 -2 -2001 (Annex. P/2) be cancelled and she should be allowed to be posted at Gharsana and at her request, the transfer order dtd. 11 -2 -2001 was cancelled vide order dtd. 29 -3 -2001 (Annex. P/3) passed by Chief Medical and Health Officer, Sri Ganganagar (respondent No. 3) NOTE : Thus, it is clear that from the pleadings of the petitioner herself that transfer of the petitioner which was made from Gharsana to Rawla was cancelled at her own request. iii) The further case of the petitioner is that order dtd. 29 -3 -2001 (Annex. P/3) was cancelled by the respondent No. 2 vide order dtd. 4 -5 -2001 (Annex. P/4) and she was again directed to join at Rawla and there fore, she joined her duties at Rawla on 8 -5 -2001. iv) It is further submitted by the petitioner that vide order dtd. 21 -5 -2001 (Annex. P/5) passed by respondent No. 2, the petitioner was again posted Gharsana. NOTE : Thus, though she joined at Rawla on 8 -5 -2001, but she was again transferred at Gharsana within a period of 13 days and this should be at her own request. v) The further case of the petitioner is that through order dtd. 8 -6 -2001 (Annex. P/6) passed by Dy. Chief Medical and Health Officer, Anupgarh, she was again transferred from Gharsana to Sri Ganganagar and she joined at Sri Ganganagar on 10 -6 -2001, but through order dtd. 11 -6 -2001 (Annex. P/7) passed by respondent No. 3, the petitioner was retransferred to her original i.e. Gharsana. NOTE : This fact also reveals that she was transferred from Gharsana to Sri Ganganagar on 8 -6 -2001 and within three days, she was retransferred to Gharsana and it should also be at her own request. vi) That the further case of the petitioner is that the petitioner was again transferred from Gharsana to Rawla vide order dtd. 15 -3 -2002 passed by respondent No. 2 and through order dtd. 17 -3 -2002 (Annex. P/8) passed by the Medical Officer, Gharsana, the petitioner was relieved to join at Rawla. In pursuance of order dtd. 17 -3 -2002 (Annex. P/8), the petitioner joined at Rawla on 18 -3 -2002. Thereafter she made a request to respondent No. 3 to give her posting at Gharsana and the respondent No. 3 vide order dtd. 21 -3 -2002 (Annex. P/9) stayed the operation of order dtd. 17 -3 -2002 (Annex. P/8), meaning thereby that she remained at the place of her choice, i.e. Gharsana. NOTE : This also shows that she did not want to leave Gharsana. vii) The further case of the petitioner is that vide order dtd. 4 -4 -2002 (Annex. P/10) passed by respondent No. 3, the petitioner was again transferred from Gharsana to Gomewali, Sub -Division Anoopgarh and in pursuance of order dtd. 4 -4 -2002 (Annex. P/10) she was relieved vide order 11 -4 -2002 (Annex. P/11) passed by the Medical Officer, Gharsana. The petitioner joined at Gomewali on 14 -4 -2002. Surprisingly, the order dtd. 11 -4 -2002 (Annex. P/11) by which the petitioner was transferred from Gharsana to Gomewali was further stayed by respondent No. 3 vide order dtd. 15 -4 -2002 (Annex. P/12) and she was directed to join at Gharsana. NOTE : This also goes to show that within few days she was again directed to join at Gharsana i.e. her original place of posting. viii) Now the further case of the petitioner is that through order dtd. 14 -6 -2002 (Annex. P/13) passed by respondent No. 2, the petitioner was again transferred from Gharsana to Padampur and this order has been challenged in this writ petition.
(3.) REPLY to the writ petition was filed by the respondents and they have raised two main submissions : i) That this writ petition is not maintainable as the petitioner should have first approached Rajasthan Civil Services Appellate Tribunal. ii) That since transfer is an incident of service and the petitioner has been transferred on account of administrative exigencies, therefore, this Court should not interfere in such matter and therefore, this writ petition should be dismissed. The main contention of the learned counsel for the petitioner is that the petitioner has been transferred frequently and thus, the impugned order dtd. 14 -6 -2002 (Annex. P/13) passed by respondent No. 2 is a mala fide order and it should be quashed and the writ petition should be allowed.;