PRADEEP NANDRAJOG,J. - (1.) It is a case of inter district transfer. The petitioner was appointed as ANM. On 02.10.2010 by a notification issued by the State Government all Primary Health Centres and Community Health Centres in rural areas including the staff was transferred from the Medical and Health Department of the State to the Panchyati Raj Institutions, requiring service to be governed by the Rajasthan Panchyati Raj (Transfer Activities) Rules, 2011. Pertaining to transfer, Rule 8 reads as under: "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 Panchyat Samiti concerned within the same Panchayat Samiti. (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 Panchayat Raj Department."
(2.) As per sub-rule (iii) whilst the department concerned i.e. the Medical and Health Department would be entitled to transfer ANMs from one district to the other, but since the employees become employees of Panchayati Raj Institutions, this has to be with the consent of the Panchayati Raj Department.
(3.) Concededly no such consent was taken. I note that vide order dated 20.9.2017 it was directed that joining of duties by the petitioner pursuant to impugned transfer order dated 15.9.2017 at the place where she has been transferred shall be subject to the decision of the writ petition.;