Allahabad High Court
Dr. Manoj Kumar Tiwari vs State Of U.P. And 5 Others on 19 August, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 10390 of 2021
Petitioner :- Dr. Manoj Kumar Tiwari
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 Mahesh Chandra Tripathi,J.
Heard Sri Ashwani Kumar Yadav, learned counsel for the petitioner, Sri Hemendra Kumar Mishra, learned counsel for the respondent no.2 and Sri Devesh Vikram, learned Standing Counsel for the State-respondents.
The petitioner is seeking quashing of the order dated 28.5.2021 passed by the respondent nos.5, Chief Medical Officer, Ballia, whereby the petitioner has been adjusted/transferred from Primary Health Centre, Sagarpali, District Ballia to the Primary Health Centre, Shivpur Diyar Gangapar, District Ballia. According to the petitioner, he is a contract employee and he cannot be transferred as per the terms and conditions of his appointment order, which has been filed as Annexure-2 to the writ petition.
An identical controversy in Writ Petition (A) No. 58903 of 2015, Gaurav Diwedi Vs. State of U.P. and Others has already been settled by this Court by the judgment and order dated 27.10.2015 and the said writ petition has been allowed. The order of the Court dated 27.10.2015 reads as under:
"Sri Vikram Bahadur, learned Standing Counsel files counter affidavit today. Same is taken on record.
Heard Sri Ashwani Kumar Yadav, learned counsel for the petitioner, Sri H.K. Mishra, learned counsel for the respondent no.2 and Sri Vikram Bahadur, learned Standing Counsel for the respondents no.1,3,4,5 and 6.
Petitioner is seeking quashing of the order dated 16.9.2015 whereby he has been adjusted in the Community Health Center, Jaspura.
According to the petitioner, he was posted at Prathmik Health Center, Mahuwa. By the impugned order he has been adjusted in the Community Health Center, Jaspura and in his place one Ashish Kumar has been adjusted in the Primary Health Center, Mahuwa. According to the petitioner, he is a contractual employee and he cannot be transferred in view of the terms and conditions of his appointment order, which has been filed as Annexure-2 to the writ petition and para-6 of the appointment order clearly mentions that contractual employee shall not be transferred.
In the counter affidavit, which has been filed today, it has been stated that the petitioner has not been transferred but only adjusted at Jaspura but learned Standing Counsel could not explain as to what is adjustment since in place of the petitioner one Sri Ashish Kumar has been adjusted in the Primary Health Center, Mahuwa which was the earlier place of posting of the petitioner although it has been stated that this arrangement has been made in the administrative interest. The terms and conditions have not been disputed.
However, in para-12 of the counter affidavit serious allegations have been made against the petitioner that he took away Computer System and KVA Generator of the Primary Health Center, Mahuwa and that he also took away Attendance Register of the contractual and permanent employees. It is also alleged that he has not reported for Indra Dhanush Mission and has also committed financial loss.
May be these are the serious allegations against the petitioner and he is being adjusted at Jaspura on account of these allegations, but the appropriate course is to take action against the petitioner, who is only a contractual employee. In any case he cannot be transferred from Primary Health Center, Mahuwa to Community Health Center, Jaspura in view of the provisions of para-6 of the Terms and Conditions of the Contractual Appointment Order.
For the reasons aforesaid, the impugned order dated 16.9.2015 is quashed.
The writ petition stands allowed."
In view of the order of this Court passed in Writ Petition (A) No. 58903 of 2015, Gaurav Diwedi Vs. State of U.P. and Others, this writ petition is also allowed. The impugned order dated 28.5.2021 is quashed.
Order Date :- 19.8.2021
RKP
