Abhishek Gupta vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:65012
 

 
Court No. - 20
 

 
Case :- WRIT - A No. - 7653 of 2023
 

 
Petitioner :- Abhishek Gupta
 
Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 3 Others
 
Counsel for Petitioner :- Shashank Singh,Ruby Choudhary
 
Counsel for Respondent :- C.S.C.,Puneet Chandra
 

 
Hon'ble Manish Mathur,J.

Heard Mr. Shashank Singh, 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.

Petition has been filed challenging transfer order dated 7.9.2020 passed by Chief Medical Officer, Lakhimpur Kheri with further prayer being made for a direction to opposite parties to permit them to join their previous place of posting from where they have been transferred.

Learned counsel for petitioners submits that the petitioners have been engaged on a contractual basis under the terms of contract as well as circular dated 22.08.2017 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.

Learned counsel submits that the aforesaid controversy has already been decided by Coordinate Bench of this Court in these cases of Yogesh Kumar & Ors versus State of U.P. through The Principal Secretary, Medical Health and Family Welfare, LKO & Ors. passed in Writ A No.4700 of 2023 and Shishir Kumar Srivastava versus State of U.P. & Ors passed in Writ A No.4896 of 2023 by means of orders dated 10.07.2023 and 12.07.2023 respectively which covers the issue.

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

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.

Consequently, a writ in the nature of certiorari is issued quashing transfer order dated 7.9.2020 issued by Chief Medical Officer, Lakhimpur Kheri at the admission stage itself.

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

Order Date :- 9.10.2023

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