Gyanendra Kumar vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61863
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6740 of 2023
 

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

 
Hon'ble Manish Mathur,J.

Vide order dated 18.09.2023, a week's time had been granted to learned State Counsel to obtain instructions and the case was directed to be listed on 25.09.2023 but inadvertently, the next date fixed was transcribed as 25.10.2023. Since order pronounced in Court was with regard to listing of this case on 25.09.2023, it has been listed today in the cause list and learned counsel for parties agree that since the case was directed to be listed on 25.09.2023, the same may be heard and decided today itself.

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 04.05.2022 passed by Chief Medical Officer, Barabanki 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 petitioner submits that the petitioner 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 are therefore entitled to the benefit of the aforesaid judgments.

Consequently, a writ in the nature of certiorari is issued quashing transfer order dated 04.05.2022 issued by Chief Medical Officer, Barabanki at the admission stage itself.

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

Order Date :- 25.9.2023

Subodh/-