Dismissed

Ms.Nalani Dwivedi v. State of U.P. and 5 Others

Allahabad HC5 Oct 2023WRIA/13666/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a writ petition by a Community Health Officer seeking inter-district transfer to her home district. The Court held that circulars from the National Health Mission prohibit transferring contract employees, and no right to transfer exists under the circumstances.

What did the court decide?

Transfer to home district refused; petition dismissed with no right to inter-district transfer found.

Ms.Nalani Dwivedi Vs State of U.P. and 5 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192640

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Court No. - 33

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Case :- WRIT - A No. - 13666 of 2023

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Petitioner :- Ms.Nalani Dwivedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dhirendra Singh Rajput,Ashok Kumar Upadhyay Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

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Hon'ble J.J. Munir,J.

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The petitioner, who is working on the post of Community Health Officer at SubCentre Ramgaon of Community Health Center, Bahraich, had applied for his transfer from District Bahraich to his home district Jalaun.

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This Court on 05.09.2023 has passed the following order:

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"1. Petitioner, who is working on the post of Community Health Officer at sub-centre Ramgaon of CHC, Tejwapur, Bahraich, is seeking transfer from district Bahraich to her home district Jalaun at Orai.

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Learned Standing Counsel submits that a circular letter dated 18.08.2023 issued by the Director, National Health Mission, UP Lucknow in which clear directives have been issued that no transfer of a contract employee can be made.

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Learned counsel for the petitioner is to meet the argument as to the maintainability of her claim for transfer on the next date fixed.

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Put up this case as fresh on 05.10.2023"

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Today, when the case is called on, Mr. Pranjal Mehrotra, learned Counsel appearing for the Mission Direction, National Health Mission Lucknow, has drawn the attention of this Court to a circular issued by the Director on 18.08.2023, which places it beyond cavil that the employees working under the Mission Director, National Health Commission cannot be transferred from one place to another as they are contract employees given employment at particular place. The said circular dated 18.08.2023 has been taken note of by the Court in Writ-A No. 12725 of 2023 to hold that the transfer of an employee, engaged on contract in the National Health Mission, was not sustainable.

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In this view of the matter, the petitioner's prayer, seeking an inter-district transfer, is completely misplaced and not countenanced by law. There is no such right inhering in the petitioner or jurisdiction with the respondents to transfer the petitioner to a different district from the one where she has been appointed.

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In the result, this petition fails and is dismissed.

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Order Date :- 5.10.2023 Vijay

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Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad

Ms.Nalani Dwivedi v. State of U.P. and 5 Others

Case brief

What is this about?

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Ms.Nalani Dwivedi v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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