Yatindra Kumar Sharma vs State Of U.P. And Others
2011 Latest Caselaw 2686 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 37650 of 2011
 

 
Petitioner :- Yatindra Kumar Sharma
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- M.H.Khan
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner was working with the Chief Medical Superintendent, Malkhan Singh District Hospital, Aligarh. By the impugned order dated 15.1.2010 he has been transferred and attached with the Additional Director, Medical Health, Aligarh Mandal, Aligarh. Vide order dated 7.5.2011, the petitioner has been transferred to the newly created division in Aligarh Mandal where he has joined. His transfer order dated 7.5.2011 has been cancelled vide order dated 13.5.2011. The petitioner filed Civil Misc. Writ Petition No. 33817 of 2011. This Court vide order dated 13.6.2011 has observed that the petitioner will remain on the same place where he was earlier serving prior to the order dated 7.5.2011, if no further order has been passed. By the impugned order dated 20.5.2011, the petitioner has been asked to work at the original place with the Chief Medical Superintendent, Malkhan Singh District Hospital, Aligarh. The petitioner submitted that after the cancellation of the order dated 7.5.2011, the petitioner has to work with the Additional Director, Medical Health, Aligarh Mandal, Aligarh as he has been transferred vide order dated 15.1.2010 and he can not be asked to work with the Chief Medical Superintendent, Malkhan Singh District Hospital, Aligarh unless the transfer order dated 15.1.2010 is cancelled. Therefore, the impugned order is illegal.

There appears to have substance in the submission of learned counsel for the petitioner.

Learned Standing Counsel is directed to seek instruction in the matter.

Put up on Monday i.e. on 18.7.2011 as fresh.

Order Date :- 12.7.2011

OP