Chief Pharmacist transferred from Varanasi to Balrampur challenged the order citing a non-affidavited complaint and spouse posting policy. The court noted he had served 25 years in Varanasi, held that transfer is an incident of service, and dismissed the writ petition.
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Neutral Citation No. - 2024:AHC-LKO:5010
Court No. - 18
Case :- WRIT - A No. - 326 of 2024
Petitioner :- Rakesh Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health/Family Welfare, U.P. Lucknow And 2 Others Counsel for Petitioner :- Dr. Pooja Singh,Anshuman Singh Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
Present writ petition has been preferred for quashing of the impugned order dated 30.06.2023 passed by the Director (Paramedical), Medical Health Services, Lucknow by which the petitioner has been transferred from the post of Chief Pharmacist, Pandit Deen Dayal Upadhyaya, Rajkiya Chikitsalaya, Varanasi to Community Health Centre, District Balrampur on administrative grounds.
Learned counsel for the petitioner has submitted that petitioner was working on the post of Chief Pharmacist at Pandit Deen Dayal Upadhyaya, Rajkiya Chikitsalaya, Varanasi and a frivolous complaint was made by one Ansal Vikram Singh to the State Minister of Department concerned. The said complaint was not supported by an affidavit as required under Government Order dated 01.08.1997 and on the dictates of the State Minister, the petitioner has been transferred.
It is further submitted that the wife of petitioner is an Assistant Teacher in a Government School and posted at Varanasi hence the transfer of the petitioner is against the transfer policy of the State Government where it has been provided that if the husband and wife are in the Government Service, as far as practically possible they may be posted at the same place.
On the other hand, learned Standing Counsel has submitted that the petitioner was posted at Varanasi for about last 25 years and out of that for about 19 years, he was in the same hospital.
It is further submitted that as per Rule 11 of the Financial Hand Book Vol. II Part II, Chapter 3, which provides that the Government Servant is at the disposal of the Government, and he may be employed in any manner required by appropriate
authority and in support of his submission he placed reliance on the judgment of Hon'ble Supreme Court in the case of Union of India and others vs. S.L. Abbas reported in (1993) 4 SCC 357.
After hearing learned counsel for the parties and going through the record, it is found that petitioner has not disputed in the present writ petition that he was posted at Varanasi for last 25 years and 19 years in the same hospital. Benefit of transfer policy of State Government was being enjoyed by the petitioner from last 25 years and in Government Services, it is the employer, who has to take decision regarding posting/transfer of its employee. Petitioner has not indefeasible right always to be posted at same place, as he desires. Transfer is an incident of service.
In view of the aforesaid facts and circumstances of the case that petitioner is posted at the same place from last 25 years, this Court is not inclined to interfere in the impugned transfer order dated 30.06.2023 passed by the Director (Paramedical), Medical Health Services, Lucknow.
Writ petition is devoid of merits and hence dismissed.
Order Date :- 18.1.2024 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the writ petition challenging the petitioner's transfer on administrative grounds be accepted?
Colour shows how this judgement treated each authority
Union of India and others vs. S.L. AbbasRelied on
(1993) 4 SCC 357 · Who else cites this
1 provisions across 1 enactments
Rakesh Kumar Singh
State Of U.P. Thru. Addl. Chief Secy. Medical Health/Family Welfare, U.P. Lucknow And 2 Others
Manish Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
