Jitendra Kumar vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 30197 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:71128
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6970 of 2023
 

 
Petitioner :- Jitendra Kumar
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical And Health And 2 Others
 
Counsel for Petitioner :- Priyam Mishra,Saurabh Tiwari
 
Counsel for Respondent :- C.S.C.,Puneet Chandra
 

 
Hon'ble Manish Mathur,J.

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

2. Petition has been filed challenging transfer order dated 1st June, 2022 passed by Chief Medical Officer, Pratapgarh 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.

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 Coordinate Bench of this Court in these 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 are therefore entitled to the benefit of the aforesaid judgments.

7. Consequently, a writ in the nature of certiorari is issued quashing transfer order dated1st June, 2022 issued by Chief Medical Officer,Pratapgarh at the admission stage itself.

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

Order Date :- 31.10.2023

Satish