1 S.B.CIVIL WRIT PETITION NO.8900/2008 Dr.Pawan Kumar v. State of Rajasthan & Ors. Date of Order :: 25 th November, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.S.Godara, for the petitioner. Mr. S.S.Ladrecha, for the respondents. .... Issue notice to show cause as to why this petition for writ be not heard and accepted as prayed. Looking to short controversy involved in this petition for writ, under the instructions of the Court Shri S.S.Ladrecha, learned Government Advocate accepts notice on behalf of all the respondents. The petitioner as a consequent to his selection as Rural Medical Officer as per the Rajasthan Rural Medical & Health Service Rules, 2008 (hereinafter referred to as “the Rules of 2008”) was posted at Primary Health Centre, Jamsar in District Bikaner under an order dated 11.9.2008 passed by the Director (Public Health) Department of Medical & Health Services, Government of Rajasthan. In pursuant to the order aforesaid he joined duties in the office of the Chief Medical & Health Officer, Bikaner on 12.9.2008. Subsequent thereto an order dated 29.9.2008 was passed whereby the place of posting of the 2 petitioner is changed from Primary Health Centre, Jamsar (Bikaner) to Primary Health Centre, Pugal (Bikaner). As per counsel for the petitioner the respondents could not have made any change in place of posting after execution of the order dated 11.9.2008. It is also stated in alternative that if the order making amendment in place of posting is treated valid, then the same is nothing but a transfer, therefore, the respondents should have allowed joining time as well as travelling allowance to the petitioner as per existing rules. So far as the argument of the petitioner relating to change made in the order of posting after joining at Jamsar is concerned, that is having no merit as the government possess all administrative rights to make necessary amendments in an order already issued. However, as the petitioner already joined at Jamsar, therefore, the amendment made under the order dated 29.9.2008 is having an effect of transfer from one place to another and as such there is no reason to deny joining time, travelling allowance and other benefits connected with transfer of a civil servant from one place to another. I view of it, this petition for writ is disposed of with a direction to the respondents to 3 treat the order dated 29.9.2008 as an order of transfer to the extent it relates to the petitioner. Accordingly, the petitioner is entitled for joining time, travelling allowance and all other ancillary benefits connected to transfer of a civil servant from one place to another. ( GOVIND MATHUR ),J. kkm/ps.