The Court quashed impugned transfer orders against Block Community Process Managers under the Health Mission Scheme, relying on a prior judgment holding such employees cannot be transferred to another place.
Impugned transfer orders dated 14th February, 2023 and 15th November, 2021 are quashed.
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Neutral Citation No. - 2023:AHC:205375
Court No. - 34
Case :- WRIT - A No. - 18000 of 2023
Petitioner :- Sanjay Kumar Srivastava And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- CSC,Pranjal Mehrotra
Hon'ble Ajit Kumar,J.
Petitioners before this Court claim to be working under the Health Mission Scheme as Block Community Process Manager and, therefore, have assailed the transfer order dated 14th February, 2023 and 15th November, 2021 on the ground that the contract of appointment is given to a person under the National Health Mission for a particular place and such an employee cannot be transferred to another place.
He has placed reliance upon the judgment of this Court in the case of Hemant Kumar Pandey and others v. State of U.P. and others passed in Writ – A No.- 12725 of 2023 decided on 21st August, 2023, which has noticed the circular latter issued by the Director, National Health Mission dated 18th August, 2023.
Learned Standing Counsel does not dispute the legal position as emerged out in the matter of transfer of contract employee under the National Health Mission as has come to be noticed under the judgment of this Court passed in Writ – A No.- 12725 of 2023.
In the circumstances, this petition stands disposed of in terms of the order passed by this Court in Writ - A No.- 12725 of 2023.
In view of the above,, the impugned transfer orders dated 14th February, 2023 and 15th November, 2021 in respect of the petitioners are hereby quashed.
Order Date :- 27.10.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a Block Community Process Manager under the Health Mission Scheme can be transferred to another place contrary to the conditions of the contract of appointment.
Colour shows how this judgement treated each authority
Hemant Kumar Pandey and others v. State of U.P. and othersRelied on¶6
Hemant Kumar Pandey and others v. State of U.P. and others, Writ – A No.- 12725 of 2023
Sanjay Kumar Srivastava
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
