Medical, Health Dept cannot undertake transfer of employees without consent of local bodies: Rajasthan HC

The Bench of Justice Dinesh Mehta noted that only panchayat samitis and zila parishads are entitled to such transfers.

This came after some Auxiliary Nurse Midwife (ANM), nurse, LDC of the department filed a petition in the high court pointing out that their services were brought under Rajasthan Panchayati raj department and transfers should be determined by the same.

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As per a recent media report by Times of India, counsel for the petitioner stated, "With regard to the medical department, it was provisioned that any inter-state transfer of the medical staff would only be allowed to be exercised by the medical department in the agreement of the Panchayati raj department."

Many of the petitioners pointed out that they were appointed under Rajasthan Panchayati raj department-wide an order in 2010 and their transfer orders were also delegated to panchayat samitis and zila parishads.

The petitioners further mentioned that some transfer orders had been issued which were dubbed as unlawful by the court on earlier occasions. However, despite court orders again incompetent officials executed such transfers of staff in violation of the rule, reports the daily.

"As per rule, the medical and health department did not take any permission from the Panchayati raj department for these transfers, which was the parent department of these employees," the counsel for the petitioner argued.

Considering the submission, the high court observed that only panchayat samitis and zila parishads are invested with the authority to initiate inter-district transfers of healthcare staff.

It noted that the medical and health department could not undertake inter-district transfers of employees without permission from panchayati raj department.

With this order, the bench set aside the transfer orders issued in December 2020, categorically stating that the transfers of the employees could be done only as per transfer rules.