The petitioner challenged an order transferring them from Gaighaat to Ayodhya under a National Rural Health Scheme contract. The High Court held the transfer was temporary and administrative and dismissed the writ petition.
The writ petition challenging the posting order was dismissed.
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Neutral Citation No. - 2024:AHC-LKO:3019
Court No. - 20
Case :- WRIT - A No. - 199 of 2024
Petitioner :- Dr. Brijesh Kumar And 2 Others Respondent :- State Of U.P. Thru. Addl.Chief Secy. Medical And Health And 3 Others
Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present petition has been filed challenging the order 21.12.2023 passed by the Chief Medical Superintendent, Maharaja Suhel Dev Autonomus Medical College and Maharshi Balark Hospital, Bahraich, i.e., respondent no. 3.
The order has been challenged on the ground that the appointment of the petitioners is contractual in nature and the petitioners were appointed under the National Rural Health Scheme at Gaighaat, Amwa Hussainpur District Bahraich and therefore, they cannot be posted at Ayodhya which is being done by the Chief Medical Superintendent.
I am unable to agree with the contention of the counsel for the petitioners. The appointment of the petitioners was contractual and under the National Rural Health Scheme. The said fact does not imply that the contract restricts their posting at Gaighaat, District Bahraich.
The order dated 21.12.2023 is temporary in nature and has been passed considering the exigency of the administration. I do not find any illegality or arbitrariness in the impugned order.
The petition is dismissed.
Order Date :- 11.1.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a contractual appointment under the National Rural Health Scheme at Gaighaat restricts the State from temporarily posting the petitioner to Ayodhya.
Dr. Brijesh Kumar And 2 Others
State Of U.P. Thru. Addl.Chief Secy. Medical And Health And 3 Others
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
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