1 S.B. Civil Writ Petition No.10653/2009 Vikram Singh Bhati Vs. State of Raj. & Ors. Date of order : 20.11.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Vikram Singh Bhati, petitioner present in person. Mr. Ram Narayan Sharma, respondent no.4 present in person. <><><> The petitioner's contention is that he is a cancer patient and his treatment can be available in the Bikaner city as Acharaya Tulsi Regional Cancer Treatment and Research Center Hospital is at Bikaner. The petitioner also stated that Bikaner hospital at one point of time directed the petitioner to take treatment from Jaipur for short period which petitioner took and, thereafter, now the regular treatment of the petitioner can be at Bikaner Hospital. It is submitted that the petitioner has been transferred from Bikaner to Jaipur within a period of 5 days only from his previous transfer order. The caveator-respondent no.4 present in person and submitted that petitioner has been relieved and he has joined on the post. He submitted that petitioner was posted at a hard duty posting and the petitioner has been 2 transferred in public interest and has been posted in the office at Jaipur where he was taking treatment of cancer. It is also submitted that the order of transfer of the petitioner dated 21st Oct., 2009, therefore, has been passed in larger public interest as well as in the interest of the petitioner himself. The petitioner then submitted that the petitioner can be accommodate on vacant post in the area of Bikaner in place of Jaipur if he cannot be posted on the post which he was holding earlier before 21st Oct., 2009 or even before the order dated 21st Oct, 2009 was passed. It appears from the order dated 21st Oct., 2009 itself that the fact has been taken note of by the employer- respondent that petitioner is suffering from cancer. Then it has been mentioned that in public interest, he is being transferred to Jaipur. Thus, there appears to be application of mind in transferring the petitioner to Jaipur. The relevant consideration before the employer was that petitioner is suffering from cancer as well as what is in public interest. Since the respondents themselves have considered the petitioner's case sympathetically on the ground of his 3 suffering from cancer, therefore, it will be appropriate to direct the respondent-State to consider the case of the petitioner afresh and if it is necessary that petitioner may take treatment at Bikaner and there is vacant post at Bikaner then if he can be accommodated at Bikaner, appropriate orders may be passed. In view of the above, the petitioner may submit a proper representation to the authority concerned with copy of this order and the authority concerned may take a decision within a period of 10 days and may pass appropriate order so that the petitioner may not suffer if he has hardship in shifting to Jaipur because of his ailment. The writ petition of the petitioner is disposed of with above observation. [PRAKASH TATIA], J. cpgoyal/-