Dr. Deepmala Nagar vs State Of Rajasthan And Ors

This appeal has been filed by Dr. Deepmala Nagar assailing the judgment dated 12.11.2018, by which the learned Single Judge dismissed her writ petition.

Grievance of the appellant is that she and her husband both are working on the posts of Medical Officer. They have completed their post graduation study course. The appellant is suffering for physical disablement to the extent of more than 40%. A certificate of a duly constituted Medical Board has been placed on the record of the file. The appellant was initially posted as Medical Officer, Primary Health Center, Deegod, Kota, wherefrom she was transferred to Primary Health Center, Koyala, Baran, vide order dated 22.10.2009. Her husband, who is also a Medical Officer, was posted at Primary Health Center, Bamboori Kalan, Baran. The appellant was later on transferred to Primary Health Center, Bamboori Kalan, Baran, on 20.12.2009. It was thereafter that the appellant was transferred from Bamboori Kalan to Koyala. The appellant was then transferred to Koyala to Atru by order dated 14.03.2011. The appellant and her husband both were promoted to the post of Junior Specialist and were sent for training by order dated 01.06.2017, but after training when the respondent no.2 issued the posting order, the appellant has been posted at the Blood Bank, Government Hospital, Jhalawar, by order dated 28.09.2018 and her husband Dr. Kamal Kumar Malav has been posted at the Community Health Center, Khatoli, Kota. The appellant made a representation to the respondents for her posting anywhere in Kota district, where large number of posts are lying vacant. When her request was not acceded to, she approached the Rajasthan Civil Services Appellate Tribunal by filing the appeal. The Tribunal dismissed her appeal. Thereafter she filed writ petition before this court, which has been dismissed by the learned Single Judge vide impugned order.

Having regard to the facts aforestated and considering that the respondents have the policy of having the husband and the wife, when they happen to be in government service, posted at same place and also considering that the appellant is handicapped to the extent of more than 40%, we dispose of this appeal requiring the appellant to approach the Principal Secretary to the Government, Medical & Health Department, Government of Rajasthan, Secretariat, Jaipur, by way of an appropriate representation along-with a copy of this order raising all the issues, who shall consider the grievance of the appellant in the light of the aforementioned government policy of the State and pass appropriate order with regard thereto within a period of four weeks from the date of its making.

The appeal is accordingly disposed of. This also disposes of the stay application.