Allowed

Manjula Rai v. State of U.P. and 3 Others

Allahabad HC24 Feb 2025WRIA/1961/2025

Case brief

AI extract

What is this about?

Contract employee challenged transfer from the place of contractual employment despite circulars prohibiting such transfers. Court applied its earlier order in Shalini Kumari, quashed the transfer and directed that the petitioner continue at her original place with salary.

What did the court decide?

Transfer order dated 16.01.2025 quashed; petitioner to continue at place of contract employment and be paid salary accordingly.

Manjula Rai vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:26515

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Court No. - 4

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Case :- WRIT - A No. - 1961 of 2025

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Petitioner :- Manjula Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitesh Kumar Yadav Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

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Hon'ble Ajit Kumar,J.

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Heard Sri Nitesh Kumar Yadav, learned counsel for the petitioner, Sri Ashish Kumar Gupta, Advocate holding brief of Sri Pranjal Mehrotra, learned counsel for the respondent no.2 (NHM) and learned Standing Counsel for the State-respondents.

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The petitioner is aggrieved by the order dated 16.01.2025, whereby, he has been transferred from Additional Primary Health Centre, Mahul to "Upkendra" Riva Sultanpur under Primary Health Centre, Mirzapur, District-Azamgarh.

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It is submitted that petitioner is a contract employee and contract employee as per terms and condition, his service under circular letter dated 18.08.2023 are not liable to be transferred from the place where he has been offered contract employment.

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Learned Advocate has placed reliance not only circular letter dated 22.08.2017 but also the circular letter issued by Director, National Health Mission, U.P. Lucknow dated 18.8.2023 in which clear directives have been issued that such transfer should not be made. Clause 8 and 9 of the circular letter dated 22.8.2017 very clearly provides that contract employees and medical officers shall be appointed for a particular place and shall not be transferred to other places and those who do not want to work at that particular place for which contract of employment was made, their contract of employment shall be rescinded to make new appointments. Similar stand is taken under the circular letter dated 18.08.2023.

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Taking judicial notice of the above circular letters, writ petition no. 14433 of 2023, Shalini Kumari v. State of U.P. and 3 Others , has been allowed, vide order dated 29.08.2023.

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Learned Standing Counsel is not able to contradict the circular letters and the order passed regarding one such contract employees

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in writ petition no. 14433 of 2023.

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In view of above, this writ petition succeeds and is allowed in terms of the order passed in Writ A No. 14433 of 2023 and the order of transfer dated 16.01.2025 is, hereby, quashed. The petitioner will continue at the place where he was given contract employment and he shall be paid salary accordingly.

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Order Date :- 24.2.2025 Ashutosh

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Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad

Manjula Rai v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Manjula Rai v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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