Allahabad High Court
Kamlesh Singh Chauhan And Another vs State Of U.P. And Others on 21 July, 2011
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - A No. - 40186 of 2011
Petitioner :- Kamlesh Singh Chauhan And Another
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Yogish Kumar Saxena
Respondent Counsel :- C.S.C.
Hon'ble Rajes Kumar,J.
The petitioners are Class III employees. By the impugned order dated 15.6.2005, the petitioners have been transferred. The Chief Medical Officer, Mainpuri vide order dated 24.4.2006 written a letter to the Director (Administration), Medical and Health, U.P., Lucknow requesting therein that since there is a shortage of clerks, therefore, they cannot be relieved and requested for cancellation of their transfer. After the letter of the Chief Medical Officer, Mainpuri dated 24.4.2006, which is Annexure-3 to the writ petition, the transfer order has not been implemented and the petitioners have not been relieved. Thereafter, a fresh transfer order dated 31.7.2007 has been passed.
It appears that the said transfer order has been cancelled by the Director General, Medical Health and Family Welfare, U.P., Lucknow vide order dated 12.9.2007. Despite the order of the Director General, Medical Health and Family Welfare, U.P., Lucknow, the Chief Medical Officer, Mainpuri has passed an order on 30.3.2008 directing the petitioners to join on their posts in pursuance of the transfer list dated 31.7.2007.
The order of the Chief Medical Officer, Mainpuri dated 30.3.2008 has been challenged in Civil Misc. Writ Petition No. 19539 of 2008. This Court vide order dated 12.4.2008 has stayed the operation of the order dated 30.3.2008 until further orders. Thereafter, the transfer order has not been implemented. Now vide letter dated 4.7.2011 issued by Joint Director (Head Office Premises) Office of the Director (Administration), Medical Health and Family Welfare, U.P., Lucknow, the Chief Medical Officer, Mainpuri has directed that despite five years have been passed but 10 clerks, who have been transferred vide order dated 3.6.2005 have not been relieved. He has been directed to comply with the direction of Directorate dated 15.6.2005 and give the report within three days.
Learned counsel for the petitioners submitted that the petitioners have now been promoted as senior clerks vide order dated 17.5.2010. He submitted that after the transfer order dated 15.6.2005 further transfer order has been passed in the year 2007 which has been stayed by this Court and there is no justification for implementing the transfer order dated 15.6.2005 after five years, which is wholly illegal and arbitrary.
The submission of learned counsel for the petitioners has substance and requires consideration.
Learned Standing Counsel is directed to file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the order dated 4.7.2011 issued by the Joint Director (Head Office Premises) Office of the Director (Administration), Medical Health and Family Welfare, U.P., Lucknow, Annexure-9 to the writ petition, is stayed. However, the authority concerned is not precluded from passing the fresh transfer order in accordance to law.
Order Date :- 21.7.2011
OP
