Dr.Ganesh Prasad vs State Of U.P. And 5 Others
2021 Latest Caselaw 10620 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 10355 of 2021
 

 
Petitioner :- Dr.Ganesh Prasad
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ashwani Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Hemendra Kumar Mishra
 

 
Hon'ble Ashwani Kumar Mishra,J.

This petition has been filed challenging an order of transfer on the ground that petitioner is a contractual appointee and his services cannot be transferred. Reliance is placed upon an order of this Court in Writ Petition No.9617 of 2021, decided on 10.08.2021, in which following observations have been made:

"Learned counsel for the petitioner in support of his submissions has placed reliance upon the judgment passed by this Court in Dr. Sneh Lata Mishra Vs. State of U.P. and 5 Others (Writ - A No. 7565 of 2021, dt. 23.7.2021), wherein, the writ petition has been allowed relying upon judgment passed by this Court in Gaurav Diwedi Vs. State of U.P. and Others (Writ Petition (A) No. 58903 of 2015, dated 27.10.2015) and as such it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.

The above said argument of learned counsel for the petitioner is not being disputed by learned Additional Chief Standing Counsel.

The writ petition is accordingly allowed in terms of Dr. Sneh Lata Mishra (supra). The order dated 9.6.2021 is quashed."

Sri H. K. Mishra, learned counsel for the respondent no.2 and learned Standing Counsel for the State authorities do not dispute that petitioner's contractual appointment is centre specific and there is no provision for his transfer either in his appointment order or the govt. order which regulates contractual appointment of writ petitioner.

This writ petition is, therefore, also disposed of in terms of this Court's order dated 10.08.2021. Order impugned dated 28.05.2021 stands quashed.

Order Date :- 18.8.2021

Ashok Kr.