This Single Bench dismissed a writ petition challenging a transfer order dated 28.5.2018. The High Court held that the transfer was based on administrative interest and the safety of medical services, finding no illegality or infirmity to interfere.
Writ petition dismissed; no interference with the order of transfer allowed.
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Court No. - 39
Case :- WRIT - A No. - 19997 of 2018
Petitioner :- Dr. Sanjay Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kumar Ashutosh Srivastava,Ashok Khare, Sr.Advocate Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Ashok Khare, learned senior counsel assisted by Sri Kumar Ashutosh Srivastava appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
The petitioner in the writ petition is seeking quashing of the transfer order dated 28.5.2018, whereby, he has been transferred from Sant Kabir Nagar to Shravasti as a Physician.
The petitioner challenged the said transfer order in Writ A No. 16227 of 2018 (Dr. Sanjay Kumar Vs. State of U.P and others) which was disposed of by this Court vide order dated 30.7.2017 with a direction to the respondents to decide the representation of the petitioner.
In pursuance of the said order of this Court dated 30.7.2018, passed in that writ petition, the representation of the petitioner has been rejected by another impugned order dated 21.8.2018.
We have perused the order dated 21.8.2018. It is stated in the said order that in District Shravasti, there are two sanctioned posts of Physician but not a single physician is available for being posted there, therefore, a decision was taken to provide specialized Medical Services at District Level Hospitals and Community Health Centres and thereafter, the petitioner was transferred from Sant Kabir Nagar to Shravasti.
We find that the transfer order is passed in administrative interest. If there are two sanctioned posts of Physician and no single Physician is available for posting at Shrawasti and further if the petitioner has been transferred to Shravasti in administrative interest, we find no ground to interfere in the transfer order.
The petitioner in paragraph 25 of the writ petition has alleged that in District Hospital, Sant Kabir Nagar there are two Physicians posted for the past 11 years and 4 years
respectively. Which employee should be posted at which place is purely on the decision to be taken according to the subjective satisfaction of the department in all matters particularly in the matter of health and the Government find that the petitioner is the best person to be posted as Physician at Shravasti.
In this view of the matter, in our opinion, the Court should not interfere in such a decision of the Government. We, therefore, find no illegality or infirmity in the order of transfer dated 28.5.2018 as well as order dated 21.8.2018.
The writ petition is accordingly, dismissed.
Order Date :- 18.9.2018 sfa/
2 issues framed by the court
Whether the transfer of a physician against his representation can be quashed when passed in administrative interest.
Whether the Court should interfere when the executive disposes of vacancies in the interest of public health safety.
Dr. Sanjay Kumar
State Of U.P.
B. Amit Sthalekar
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
