JUDGMENT 1. - The instant writ petition has been filed being aggrieved of the orders dated 22.7.2000 by which she has been directed to be relieved being senior most A.N.M. to make a room for the respondent No. 3 and join in the office of the Joint Director (Health), Jodhpur and order dated 28.10.2000 by which the petitioner was relieved from the Office of the Joint Director and was directed to join at Jalore. 2. The facts and circumstances giving rise to this case are that the petitioner was transferred vide order dated 26.3.1999 to Hewson Mandi, Jodhpur qua the respondent No. 3 who was asked to join the Office of the Chief Medical & Health Officer, Jodhpur. The petitioner joined at that place. On 13.4.1999, the respondent No. 3 joined the Office of the Chief Medical & Health Officer. Vide order dated 3.6.1999, the respondent No. 3 was posted at Someshwar. The respondent No. 3 did not join at Someshwar till 3.5.2000. However, on 4.5.2000, when she reported at Someshwar she could not join the duty as there was no vacancy and she was directed to report back to the Office of the Joint Director (Health), Jodhpur. The Joint Director (Health), Jodhpur, vide order dated 8.5.2000, directed the respondent No. 3 to join at Primary Health Center, Dharia. She joined there on 15.5.2000 and subsequently she was directed to join at Primary Health Center Jawali. However, on 7.6.2000, she was sent to the Primary Health Center, Buri. Vide order dated 22.7.2000, the Director, Medical & Health Services cancelled the transfer of the respondent No. 3 qua the petitioner dated 26.3.1999. No direction was issued as where the petitioner should join, however, a note was made in the footnote that whoever was the senior most A.N.M. in the Primary Health Center, Hewson Mandi, Jodhpur, she should be relieved. Petitioner stood relieved in view of the said order. Being aggrieved and dissatisfied, petitioner approached the Rajasthan Civil Service Appellate Tribunal and vide order dated 9.8.2000, her appeal was disposed directing her to make a representation before the State and interim relief was also granted. Her representation was rejected by the Director vide order dated 26.10.2000 and vide order dated 28.10.2000, she was relieved to join at Jalore. 3. Hence, this petition.
Her representation was rejected by the Director vide order dated 26.10.2000 and vide order dated 28.10.2000, she was relieved to join at Jalore. 3. Hence, this petition. Vide order dated 24.11.2000, the order dated 18.10.2000 was stayed by this Court and respondents were directed to explain as under what circumstances the transfer order dated 26.3.1999 could not be complied with by the respondent No. 3 if the respondent No. 3 did not join at Someshwar from 4.6.1999 to 3.5.2000 for about a period of 11 months, what action had been taken against her. 4. The respondents have filed their replies. Nothing is clear and there is no material on record on the basis of which it can be understood as under what circumstances the transfer order dated 26.3.1999 could be modified or recalled or cancelled vide order dated 22.7.2000 for the reason that after a lapse of such a long period, there may be a case of fresh transfer but not of cancellation or recalling the earlier order. State Cannot run its Administration by unwarranted corrigendum at such a belted stage. Further, there is nothing on record to show as why the impugned transfer order dated 26.3.1999 could not be enforced or implemented qua the respondent No. 3 and if State Authorities had no courage to enforce orders passed by them, what is the occasion for them to pass such orders. In spite of the fact that the order dated 28.10.2000 was stayed by this Court and the petitioner is working as per the direction of the competent authority, she had not been paid the salary for the period of last 14 months. 5. The facts of this case are so glaring that I do not consider it proper to say anything. It is for the State as how it wants to run its administration but it has no business to harass its employee or favour a particular person or to pass a transfer order if it has no courage to enforce it or to initiate departmental proceedings against an employee who does not ensure the compliance of the transfer order. Moreso, once this Court had stayed the operation of the order dated 28.10.2000, there could be no occasion for the State to get the petitioner attend duties and not to pay her. 6.
Moreso, once this Court had stayed the operation of the order dated 28.10.2000, there could be no occasion for the State to get the petitioner attend duties and not to pay her. 6. It is a serious matter which required to be examined by some responsible officer of the State. It is desirable that instead of passing any order by this Court, the matter be placed before the learned Chief Secretary of the State of Rajasthan along with the copy of the writ petition and the learned Chief Secretary is requested to look into the matter and pass appropriate order regarding posting etc. and in consultation with the concerned Ministry within a period of four weeks in respect of payment of arrears of salary of the petitioner. The certified copy of this order along with the entire pleadings of the matter be placed before the Chief Secretary by Shri Arun Bhansali within a period of 10 days from today. 7. With these observations, the petition stands disposed of.Writ Petition Disposed of as above. *******