Shailendra Kumar Chaudhri vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23461 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56771
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6349 of 2023
 

 
Petitioner :- Shailendra Kumar Chaudhri
 
Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 3 Others
 
Counsel for Petitioner :- S.K. Mishra Nagraha,Vashu Deo Mishra
 
Counsel for Respondent :- C.S.C.,Puneet Chandra
 

 
Hon'ble Manish Mathur,J.

1. Heard Mr. Vashu Deo Mishra, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1, 3 and 4 and Mr. Puneet Chandra, learned counsel appearing for opposite party no.2.

2. Petition has been filed challenging transfer order dated 16th August, 2023 passed by Chief Medical Officer, Barabanki.

3. Learned counsel for petitioner submits that the petitioner has been engaged on a contractual basis under the terms of contract as well as circular dated 22nd August, 2017 which specifically provides that Health Workers working on contract basis in the National Health Mission Scheme shall not be transferred to any other place. It is also submitted that there is no power vested under the contract or circular to transfer contractual employee working under the National Health Mission Scheme.

4. Learned counsel submits that the aforesaid controversy has already been decided by Co-ordinate Bench of this Court in the cases of Yogesh Kumar & Ors vs. State of U.P. through the Principal Secretary, Medical Health and Family Welfare, Lucknow & Ors. passed in Writ A No.4700 of 2023 and Shishir Kumar Srivastava vs. State of U.P. & Ors. passed in Writ A No.4896 of 2023 by means of orders dated 10th July, 2023 and 12th July, 2023, respectively which covers the issue.

5. Learned counsel appearing on behalf of opposite parties do not dispute the aforesaid facts.

6. In view of aforesaid statement given by learned counsel for opposite parties, petitioner being placed in a similar situation is therefore entitled to the benefit of the aforesaid judgments.

7. Consequently, a writ in the nature of certiorari is issued quashing transfer order dated 16th August, 2023 passed by Chief Medical Officer, Barabanki, at the admission stage itself.

8. Resultantly, petition succeeds and is allowed. Parties to bear their own costs.

Order Date :- 25.8.2023

Arnima