Disposed

Narendra Kumar Verma v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical and Health Services Lko. and Others

Allahabad HC29 Apr 2024/2786/2024

Case brief

AI extract

What is this about?

Petitioner challenged the cancellation of his transfer order. Court found no illegality in cancellation due to vacancy filling. However, directing authorities to consider checkpoint for physically handicapped petitioner seeking exempted posting.

What did the court decide?

Petitioner directed to submit representation for exempted posting; authority to decide within four weeks.

Narendra Kumar Verma Vs State of U.P. Thru. Addl… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33535

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Court No. - 6

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Case :- WRIT - A No. - 2786 of 2024 Petitioner :- Narendra Kumar Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical And Health Services Lko. And Others

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Counsel for Petitioner :- Shyam Lal,Veer Bahadur,Virendra Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard.

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Learned counsels for the parties state that the crux of the issue has already been set forth in the order dated 08.04.2024. For the sake of convenience, the order dated 08.04.2024 is reproduced below:

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"Heard.

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The contention of learned counsel for the petitioner is that vide the order dated 02.03.2024, a copy of which is annexure 2 to the petition, the petitioner had been transferred from the Community Health Center, Malihabad, Lucknow to Trauma Center, Jankipuram, Lucknow, a copy of which is annexure 2 to the petition. He joined on the said post.

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Subsequent thereto by means of the order dated 27.03.2024, a copy of which is annexure 1 to the petition, the transfer order dated 02.03.2024 has been cancelled.

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Learned Standing Counsel prays for and is granted three days' time to seek instructions in the matter.

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List in the next week as fresh.

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Till then no coercive action shall be taken against the petitioner."

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From perusal of order and perusal of record it emerges that the petitioner while working as Lab Technician at the Community Health Center, Malihabad, Lucknow had been

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transferred until further orders by the Chief Medical Officer, Lucknow to the trauma center at Jankipuram Sector 3. The petitioner had also submitted his joining however by means of the order dated 27.03.2024, a copy of which is annexure 1 to the petition, the transfer order of the petitioner dated 02.03.2024 has been cancelled.

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The Court required learned Standing Counsel to seek instructions in the matter.

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Today learned Standing Counsel on the basis of instructions sent by the Chief Medical Officer, Lucknow states that the trauma center at Jankipuram has been created recently. In order to fill in the post of Lab Technician, the petitioner had been transferred tentatively until further orders vide the order dated 02.03.2024. Subsequent thereto, considering that there were two vacancies of lab technicians, two other persons namely Shri Nagendra Kumar and Shri Dilip Kumar Gupta had been transferred to the newly constructed trauma center at Jankipuram, Lucknow vide the order dated 07.03.2024, a copy of which is annexure 4 to the petition, and consequently when the transfer order of the petitioner dated 02.03.2024 itself indicated that it was until further orders as such considering the transfer of two other persons in the newly constructed trauma center, the transfer order of the petitioner has been cancelled vide the order dated 27.03.2024 and as such there is no illegality and infirmity in the order.

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Responding to that learned counsel for the petitioner states that the petitioner is having a physically handicapped certificate, a copy of which is annexure 3 to the petition, which indicates his physical disability as 45%. Placing reliance on government order dated 15.12.2003, the contention of learned counsel for the petitioner is that the said government order itself

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provides for exemption of physically handicapped persons from annual transfer and prays that the respondents be directed to consider the claim of the petitioner for posting him at any suitable place in accordance with law.

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Having heard learned counsel for the parties and having perused the record it emerges that initially, the petitioner had been transferred until further orders vide the order dated 02.03.2024 passed by the Chief Medical Officer, Lucknow. The petitioner was working on the post of Lab Technician and he had been transferred to the trauma center, Jankipuram.

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By means of the order impugned dated 27.03.2024 his transfer order has been cancelled. The reason as emerges from the instructions as received by learned Standing Counsel are that there was two vacant posts of Lab Technician at the newly constructed trauma center at Jankipuram on which posts, two other persons have been posted vide the order dated 07.03.2024. As the transfer of the petitioner was only until further orders whereby he had been transferred to trauma center Jankipuram consequently by means of the order impugned dated 27.03.2024 the earlier transfer order has been cancelled.

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Considering the aforesaid more particularly when the transfer order of the petitioner was itself until further orders and two persons have been posted in newly constructed trauma center consequently no illegality and infirmity is found with the impugned order dated 27.03.2024 whereby the transfer order dated 27.03.2024 has been cancelled.

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However, at the same time considering that the petitioner claims to be a physically handicapped person having disability of 45% and the relevant government order provides for exemption from transfer to such employees, as such the writ petition is disposed of leaving it open to the petitioner to

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submit a representation to the competent authority for being transferred to a suitable place considering the government orders which may be applicable in the facts and circumstances of the case. In case the petitioner submits a representation within two weeks from today before the competent authority then the competent authority shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules and government orders within a further period of four weeks from the date of submission of the representation along with a certified copy of this order provided there is no legal impediment.

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Order Date :- 29.4.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Narendra Kumar Verma v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical and Health Services Lko. and Others

Case brief

What is this about?

What did the court decide?

Narendra Kumar Verma v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical and Health Services Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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