Gullu Singh vs State Of U.P. And Others
2011 Latest Caselaw 4113 ALL

Citation : 2011 Latest Caselaw 4113 ALL
Judgement Date : 25 August, 2011

Allahabad High Court

Gullu Singh vs State Of U.P. And Others on 25 August, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 48688 of 2011
 

 
Petitioner :- Gullu Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- R.D.Tiwari,M.D.Singh 'Shekhar'
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a Pharmacist and has been adjusted on the post of Pharmacist on 1.8.2010 in Nehru Hospital B.R.D. Medical College, Gorakhpur. The B.R.D. Medical College, Gorakhpur falls under the Director, Medical Education & Training, U.P. Government. By the impugned order passed by the Director, (Paramedical) in the office of the Director General, Medical & Health Services, U.P., Lucknow, the petitioner has been transferred from B.R.D. Medical College, Gorakhpur to the office of Chief Medical Officer, Gorakhpur on the ground that there is no vacant post for Pharmacist and the petitioner is the liability.

The contention of the petitioner is that the Medical College falls under the Director, Medical Education & Training, U.P. Government and therefore, the Director (Paramedical) in the office of the Director General, Medical & Health Services, U.P., Lucknow has no jurisdiction to transfer the petitioner.

Learned Standing Counsel submitted that the petitioner has been adjusted as against the vacant post of Chief Pharmacist and not against the post of Pharmacist. There was no post vacant for the Pharmacist and it appears that he has been inadvertently adjusted.

Learned counsel for the petitioner submitted that till date the order of adjustment has not been revoked but in any view of the matter, since the petitioner is working as Pharmacist in the Medical College which falls under the Director, Medical Education & Training, U.P. Government, Director General, Medical & Health Services, U.P., Lucknow has no jurisdiction to transfer the petitioner.

The submission of the learned counsel for the petitioner has substance and requires consideration.

Learned Standing Counsel appears on behalf of all the respondents may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 10.10.2011.

Till the next date of listing, the operation of the order dated 7.6.2011, Annexure-9 to the writ petition, shall remain stayed.

Order Date :- 25.8.2011