AMITAVA ROY, J. - (1.) THE order dated 13.5.2013 passed under Article 226(3) of the Constitution of India thereby vacating the interim restraint dated 18.4.2013 hitherto suspending the operation of the orders dated 10.4.2013 and 11.4.2013 posting the respondent no.3 as Chief Medical and Health Officer, Nagaur and releasing the appellant therefrom to continue as Senior Medical Officer, Community Health Centre, Kuchera, is in assailment.
(2.) WE have heard Mr.Sandeep Shah, learned counsel for the appellant, Mr.G.R.Punia, Additional Advocate General for the State-respondents no.1 and 2 and Mr.Vikas Birjania, learned counsel for the respondent no.3. The run up of facts leading to the filing of the instant appeal is that the appellant was appointed as Medical Officer on 21.6.1984 in the Medical & Health Department of the State and was, thereafter, promoted as Senior Medical Officer vide order dated 28.8.2004 against the vacancy thereof of the year 2000-2001 on the recommendation of the Departmental Promotion Committee constituted under the Rajasthan Medical & Health Service Rules, 1963 (for short, hereafter referred to as "the Rules"). While the appellant was posted as Senior Medical Officer, Community Health Centre, Kuchera, Dr.Ratan Kumar Meena, Chief Medical & Health Officer, Nagaur was placed under awaiting posting order on 12.2.2013 and he was directed to hand over the charge of the said office to the appellant. Pursuant to the order dated 12.2.2013, as aforementioned, the appellant took over charge of the Chief Medical & Health Officer, Nagaur on the very same day and started functioning as such. According to the appellant, at all relevant times, there had been a complete ban on transfer of Government employees. Be that as it may, Dr.Ratan Kumar Meena by order dated 13.2.2013 was posted as Chief Medical & Health Officer, Alwar against a vacant post. At that point of time, as the appellant has averred, the respondent no.3 Dr.Ashok Kumar Yadav, who is about seven years' junior to the appellant in service, was posted as Senior Medical Officer, Mundwa (Nagaur).
(3.) WHILE the matter rested at that, the appellant in the capacity of Chief Medical & Health Officer, Nagaur and pursuant to the order dated 20.3.2013 of the Assistant Secretary, Medical & Health (Group-II) Department, Rajasthan, Jaipur, by order passed on 4.4.2013 required the respondent no.3 to hand over charge of his office of the Block Chief Medical Officer, Mundwa (Nagaur) to the senior-most Senior Medical Officer and to report to his (appellant) office. The respondent no.3 accordingly on 8.4.2013 reported at the office of the Chief Medical & Health Officer, Nagaur. On 10.4.2013, however, by the impugned order of the even date, the respondent no.3 was posted as Chief Medical and Health Officer, Nagaur. The order indicated that he was thereby posted against a vacant post of Chief Medical & Health Officer, Nagaur. On the next day i.e. 11.4.2013, the respondent no.3 relieved the appellant from the charge of the office of the Chief Medical & Health Officer, Nagaur with a direction to continue as Senior Medical Officer, Community Health Centre, Kuchera. Being aggrieved, the appellant has invoked writ jurisdiction of this Court for its remedial intervention.;