Heard Mr. Azad Khan and Mr. Ashwani Kumar, learned counsels for the petitioner and Ms. Parul Bajpai, learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has assailed the transfer order dated 15.07.2021 passed by the Director (Administration), Medical & Health Services, U.P., Lucknow transferring as many as 984 employees of the department from one place to another place in the State of U.P. The name of the petitioner finds place in the impugned transfer order dated 15.07.2021 at serial No.671 whereby the petitioner who is serving on the post of Junior Assistant in the office of the Chief Medical Superintendent, Shamli has been transferred to the office of the Chief Medical Superintendent, Shahjahanpur in the same capacity.
The precise contention of learned counsel for the petitioner is that since the petitioner is an office bearer of U.P. Medical & Public Health Ministerial Association Branch, Shamli, therefore, in view of such provisions in the Transfer Policy dated 29.03.2018 for not transferring the office bearers from the district unless there is any administrative exigency or complaint to that effect, he should have not been transferred.
Learned counsel for the petitioner has submitted that there is no complaint against the petitioner and the petitioner has been transferred for the reason that he has completed the required service at Shamli in view of the policy decision being taken transferring the employees. He has further submitted that the Competent Authority has modified some transfer orders of the employees finding that those employees are office bearers of the employees association but despite the representation being preferred by the petitioner to the Competent Authority, which has been forwarded by the Chief Medical Officer, Shamli on 17.07.2021 (Annexure No.4) no decision has been taken by the Competent Authority till date.
Learned counsel for the petitioner has submitted that the petitioner has been relieved ex-parte pursuant to the impugned transfer order.
Ms. Parul Bajpai, learned Standing Counsel has opposed the prayer of the writ petition by submitting that the present petitioner has been transferred from Shamli for the reason that he is discharging his duties at Shamli for the last more than twenty years and as per the policy decision, those employees have been transferred from one place to another place who have completed ten years or more service at a particular district/ division.
So far as the sole ground taken in the writ petition that the petitioner is office bearer of the employees association is concerned, she has submitted that pursuant to the direction of this Court appropriate decision may be taken by the Competent Authority.
Therefore, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage directing the opposite party No.3 i.e. the Director (Administration), Medical and Health Services, U.P., Lucknow to take appropriate decision on the representation of the petitioner dated 17.07.2021, which has been forwarded by the Chief Medical Officer, Shamli, which indicates that the petitioner is a District Secretary of U.P. Medical & Public Health Ministerial Association, Branch, Shamli, with expedition, preferably within a period of two weeks. For that, the petitioner may prefer a fresh representation enclosing therewith the certified/ computerized copy of this order and the copy of his earlier representation dated 17.07.2021.
It is also provided that if in the meantime the petitioner submits his joining at the transferred place, even then, his representation shall be decided in terms of the aforesaid direction and no prejudice would be caused to him for the reason that he has challenged the impugned transfer order dated 15.07.2021 before this Court.
Accordingly, the instant writ petition stands disposed of finally.
Order Date :- 27.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]