Disposed

Smt Jamwanti Devi v. State of U.P. Thru. Prin. Secy. Deptt. Medical Health and Family Welfare Govt. Lko. and 4 Others

Allahabad HC22 Jan 2024/405/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a writ petition seeking quashing of a mid-term transfer order deemed in violation of transfer policy by directing the respondent authority to decide the petitioner's representation within four weeks without adjudicating the merit.

What did the court decide?

Directed Respondent No. 2 to consider and decide the petitioner's representation within four weeks.

Smt Jamwanti Devi Vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6147

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Court No. - 18

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Case :- WRIT - A No. - 405 of 2024

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Petitioner :- Smt Jamwanti Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Medical Health And Family Welfare Govt. Lko. And 4 Others Counsel for Petitioner :- Chandresh Mani Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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Present writ petition has been preferred for quashing of the impugned transfer order dated 19.09.2023 as far as it is related to the petitioner and the order of relieving dated 22.09.2023 passed by the respondent no. 4-Chief Medical Officer, Gonda and respondent no. 5-Superintendent, Community Health Center, Chhapia, Gonda respectively.

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Learned counsel for the petitioner has submitted that the petitioner is working on the post of Auxiliary Nursing Midwife and she has been transferred vide impugned transfer order dated 19.09.2023 from Community Health Center, Chhapia, Gonda to Community Health Center Itiathok, Gonda, which is about more than 100 kilometers from the earlier posting.

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It is further submitted that the impugned transfer order is against the transfer policy of the State Government dated 07.06.2023 which provides that if any mid term transfer has to be made i.e. only after obtaining the approval from officer higher in one rank to the appointing authority of the employee, which is not taken in the present case.

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It is further submitted that petitioner has already joined on the transferred place.

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Learned counsel for the petitioner has confined his prayer to the extent that that petitioner has made a representation dated 09.01.2024 to the respondent no. 2 and he may be directed to take a decision on the representation of the petitioner as early as possible.

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Learned Standing Counsel has no objection to the prayer

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made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present writ petition is disposed of with a direction to the respondent no. 2 Director General, Family Welfare, U.P. to consider and decide the representation of the petitioner in accordance with law within a period of of four weeks from the date of certified copy of this order is served.

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Order Date :- 22.1.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Smt Jamwanti Devi v. State of U.P. Thru. Prin. Secy. Deptt. Medical Health and Family Welfare Govt. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt Jamwanti Devi v. State of U.P. Thru. Prin. Secy. Deptt. Medical Health and Family Welfare Govt. Lko. and 4 Others

Case brief

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What the court decided

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