Disposed¶13

Hari Ram Tripathi v. State of U.P. Thru. Prin. /Addl. Chief Secy. Deptt. Medical and Health Lko. and 4 Others

Allahabad HC16 Feb 2024/973/2024

Case brief

AI extract

What is this about?

Neutral Citation 2024:AHC-LKO:14101; WRIT - A No. 973 of 2024; Hari Ram Tripathi v. State of U.P. and 4 Others; Allahabad High Court, Lucknow Bench; Manish Kumar, J.; decided 16.2.2024; transfer order dated 30.06.2023; Chief Pharmacist; Gorakhpur to Shravasti; representation to Director General, Medical & Health; disposed of without entering merits; no statutes or precedents cited; no monetary amounts.

What did the court decide?

Liberty granted to the petitioner to move a representation to Respondent No.2 (Director General, Medical & Health, Swasthya Bhawan, Lucknow) against the transfer order within one week, with a direction that Respondent No.2 decide it in accordance with law within four weeks of service of the representation with certified copy of the order. ¶13

Hari Ram Tripathi Vs State of U.P. Thru. Prin. /Addl. Chief Secy. Deptt. Medical and Health Lko. and 4 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition seeking quashing of the transfer order dated 30.06.2023 shifting the petitioner from Gorakhpur to Shravasti is liable to be allowed. +1 more

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Ratio / Principle

Without entering into the merits of the case and with the consent of learned counsel for the parties, the writ petition is disposed of finally with liberty to the petitioner to move a representation to Respondent No.2 (Director General, Medical & Health, Swasthya Bhawan, Lucknow) regarding his transfer, annexing relevant documents and certified copy of the order, within one week; Respondent No.2 shall decide such representation in accordance with law within four weeks of its service along with certified copy of the order.

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Key takeaways

In case such a representation is made, Respondent No.2 shall decide it in accordance with law within a period of four weeks from the date the representation along with certified copy of the order is served.ratio¶12

Detailed headnote1 paragraphs

WRIT - A (High Court of Judicature at Allahabad, Lucknow Bench; Manish Kumar, J.; Order Date 16.2.2024) — Transfer — Petitioner, Chief Pharmacist, transferred by order dated 30.06.2023 from 100 bedded Semi-General Hospital, Gorakhpur to the Office of Chief Medical Officer, Shravasti; petitioner had served at Gorakhpur since 1.1.1995 and had already joined at Shravasti on 24.07.2023 — Prayer confined to liberty to make a representation to Respondent No.2 seeking transfer back to Gorakhpur — Writ petition disposed of without entering into merits, with consent of parties, granting liberty to move a representation to Respondent No.2 (Director General, Medical & Health, Swasthya Bhawan, Lucknow) within one week, to be decided in accordance with law within four weeks of service of the representation with certified copy of the order.

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Neutral Citation No. - 2024:AHC-LKO:14101

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Court No. - 18

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Case :- WRIT - A No. - 973 of 2024

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Petitioner :- Hari Ram Tripathi Respondent :- State Of U.P. Thru. Prin. /Addl. Chief Secy. Deptt. Medical And Health Lko. And 4 Others Counsel for Petitioner :- Ganesh Nath Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and perused the record.

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The present writ petition has been filed for quasing of the impugned transfer order dated 30.06.2023 by which the petitioner has been transferred from the post of Chief Pharmacist in 100 bedded Semi-General Hospital, Gorakhpur to the Office of Chief Medical Officer, Shravasti.

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On the other hand, learned Standing Counsel has submitted that the petitioner is at Gorakhpur since 1.1.1995 and even after the promotion in the year 2000, he was given the post of Chief Pharmacist at Gorakhpur itself and he was serving at Gorakhpur for last more than 15 years.

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At this stage, learned counsel for the petitioner has confined his prayer only to the extent that the petitioner may be permitted to make a representation to the Respondent No.2 against the transfer order dated 30.06.2023 for transfer back the petitioner to Gorakhpur and the same may be decided expeditiously.

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It is further submitted that in compliance of the transfer order dated 30.06.2023, the petitioner has already joined at Shravasti on 24.07.2023.

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Learned Standing counsel has no objection to the aforesaid prayer.

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In view of the above, without entering into merits of the case and with the consent of learned counsel for the parties, the writ petition is disposed of finally with liberty to the petitioner to move a representation to the Respondent No.2 i.e. Director General, Medical & Health Swasthya Bhawan, Lucknow with regard to his transfer annexing all the relevant documents alongwith certified copy of this order within one week from today. In case, such representation is made, Respondent No.2 shall decide the same in accordance with law within a period of four weeks from the date the representation alongwith certified copy of this order is served.

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With the aforesaid, the writ petition stands disposed of.

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Order Date :- 16.2.2024 S. Kumar

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

Hari Ram Tripathi v. State of U.P. Thru. Prin. /Addl. Chief Secy. Deptt. Medical and Health Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Hari Ram Tripathi v. State of U.P. Thru. Prin. /Addl. Chief Secy. Deptt. Medical and Health Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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